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2023 Supreme(P&H) 1448

ARUN MONGA
Prem Singh – Appellant
Versus
UHBVNL – Respondent


Advocates appeared:
For the Parties : Mr. Madhur Panwar, Mr. Aman Pal, Mr. Randhir Bawa, Mr. R.D. Bawa, Mr. Dipanshu Kapur

Table of Content
1. plaintiffs' claim and background facts. (Para 3)
2. defendant’s objections and responses. (Para 4 , 5 , 6)
3. outcomes of previous court judgments. (Para 9 , 10)
4. arguments regarding liability and negligence. (Para 11 , 12)
5. court's observations on negligence and strict liability. (Para 13 , 14 , 15)
6. application of compensation principles. (Para 16)
7. calculation of compensation based on evidence. (Para 17)
8. final judgment and order regarding compensation. (Para 18 , 19 , 20)

Judgment

Mr. Arun Monga, J.

For convenience, parties herein are described as per recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, plaintiffs are in second appeal before this Court assailing learned trial Court judgment and decree dated 26.03.2013, as upheld by learned First Appellate Court vide its judgment and decree dated 01.12.2014.

3. Briefly stated, facts as noticed by Courts below are as under:-

“Briefly stated, appellants/plaintiffs instituted a suit for declaration and mandatory injunction on the averments that son, nam

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