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2022 Supreme(J&K) 441

RAJNESH OSWAL
State of Jammu & Kashmir – Appellant
Versus
Mohd. Kafeel – Respondent


Advocates appeared:
Amit Gupta, Advocate, R. P. Sharma, Advocate

JUDGMENT

 Rajnesh Oswal, J. - This civil 1st appeal has been filed by the appellants against the judgment and decree dated 29.05.2017 passed by the learned Principal District Judge, Poonch (hereinafter to be referred as the trial court) whereby the suit filed by the respondent has been partly decreed and the appellants have been directed to pay an amount of Rs. 7,43,600/- as compensation along with interest at the rate of 7.5% per annum from the date of the institution of the suit till realization.

2. Cross-Objections have also been filed by the respondents for enhancement of the compensation.

3. The judgment/decree has been impugned by the appellants on the grounds inter alia that the learned trial court has not rightly appreciated the evidence and the plea taken by the appellants in their written statement that the respondent while committing theft of oil from the transformer installed in the land of his ancestors received electric shock has not been considered at all by the trial court. It is also stated that there is absolutely no basis or justification for awarding compensation by the trial court in favour of the respondent.

4. The respondent has filed the cross-objections to the

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