State Of Tripura & Ors vs Bina Choudhary & Ors

2. Background facts are very interesting and essentially as follows:

3. A vehicle bearing registration No. TRL 2443 carrying illegal timber was seized by the Champaknagar Range Staff. An offence report No. 3/CB-93 dated 11.06.1993 was drawn by the Forest Beat Office, Champabari Beat Office of Champaknagar Forest Range against the owner of said vehicle for illegally carrying, illicitly collected 57 nos. of unmarked gamer sawn timber. The driver of the said vehicle could not produce the registration papers of the vehicle as required under the Forest Rules for carrying forest produce and also failed to produce any documents like G.P. and Transit Pass of Forest Department. The driver of the vehicle Kartik Chandra Ghosh was arrested and the vehicle was seized and subsequently brought to Champaknagar range under Teliamura Police Station and kept in the custody of the in- Charge, Divisional Forest Protection Party, Taliamura.

9. On 14.10.1993 a First Information Report (in short the 'FIR') was lodged to record the theft of the gear box of the vehicle. The matter was also taken up with the forest officer for apprehending of the culprits and recovery of the gear box. Because of the aforesaid circumstances, the vehicle could not be returned. Owner of the vehicle- Sudhir Bhusan Choudhary issued a legal notice on 12.1.1994. Subsequently a Money Suit was filed in May, 1994 (MS/27 of 1994) in the Court of Assistant District Judge No. 1, West Tripura, Agartala praying for a compensation of Rs.1,68,000/- alongwith interest at the rate of 18% per annum from 10.1.1994 till payment. In the written statement the demand was disputed and it was submitted that the claim is without any basis.

13. The stand of the appellants is that the plaintiff himself while seeking release of the vehicle indicated that the value of the vehicle was very less and was even less than Rs.25,000/- as was originally fixed. Considering the age of the vehicle the valuation was quoted Rs.10,000/-. It is inconceivable that such a vehicle would fetch income of Rs.600/- per day as was originally claimed. Claim was for Rs.15,54,000/-. No evidence of any income was adduced except an assertion that the owner was earning Rs.2,000/- per day. The trial court found that no evidence was led, yet held that the income would be roughly Rs.600/- per day. The trial court itself noticed that the plaintiff had claimed an exorbitant amount for compensation as well as for interest. The vehicle was of the year, 1979. The trial court itself noticed that it was inconceivable that vehicle of the value of Rs.10,000/- would fetch Rs.7,200/- per month as claimed by the appellant.

12. As noted above the High Court dismissed the appeal. During the pendency of the appeal the original owner Sudhir Bhusan Choudhary expired and his legal heirs were brought on record.

20. In normal course, we would have set aside the impugned order and directed the trial court to re-hear and decide the matter afresh. Considering the long passage of time and the limited nature of controversy, we direct that in full and final settlement of the claim, the plaintiff shall be paid Rs.35,000/- by the defendant within two months from today. Ordered accordingly.

21. Appeal is allowed to the aforesaid extent without any orders as to costs.