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2007 DIGILAW 136 (CHH)

FOREST DEPARTMENT v. SATISHCHANDRA SHRIVASTAVA

2007-02-18

D.R.DESHMUKH

body2007
ORDER Heard. The appellant is aggrieved by the judgment and decree dated 21.08.2004 in Civil Appeal No. 11-A/2003 passed by the IInd Additional District Judge, Baloda Bazar, (C.G.) whereby the judgment and decree dated 25-06-2003 in Civil Suit No. 140-A/2002 passed by the Civil Judge Class-I, Baloda Bazar (C.G.) granting compensation of Rs.1,000/- to the plaintiff on account of monkey menace was affirmed. Both the Courts below on proper appreciation of evidence awarded general symbolic damages of Rs.1,000/- to the plaintiff. The defendants had also in para 5(b) of its written statement accepted liability to pay compensation only is cases of serious injury or damage caused to public property by a wild animal. In this view of the matter, no substantial question of law is involved in this appeal In the result, this appeal is dismissed. There shall be no order as to cost. Appeal Dismissed. 2007(2) C.G.L.J. 211 HIGH COURT OF CHHATTISGARH, BILASPUR Shri D.R. Deshmukh, J. FOREST DEPARTMENT & ANOTHER Versus SATISHCHANDRA SHRIVASTAVA Second Appeal No. 54 of 2005 Decided on : 19-2-2007. Result: Appeal Dismissed. Advocates appeared : Shri G.D. Vaswani, Govt. Advocate, for the Appellants/State. Shri Prakash Tiwari, for the Respondent. ORDER Heard. The appellant is aggrieved by the judgment and decree dated 21.08.2004 in Civil Appeal No. 11-A/2003 passed by the IInd Additional District Judge, Baloda Bazar, (C.G.) whereby the judgment and decree dated 25-06-2003 in Civil Suit No. 140-A/2002 passed by the Civil Judge Class-I, Baloda Bazar (C.G.) granting compensation of Rs.1,000/- to the plaintiff on account of monkey menace was affirmed. Both the Courts below on proper appreciation of evidence awarded general symbolic damages of Rs.1,000/- to the plaintiff. The defendants had also in para 5(b) of its written statement accepted liability to pay compensation only is cases of serious injury or damage caused to public property by a wild animal. In this view of the matter, no substantial question of law is involved in this appeal In the result, this appeal is dismissed. There shall be no order as to cost. Appeal Dismissed.