RAHIMUDDIN Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Bishamvor, learned counsel for the petitioner. Also heard Mr. R.S. Reisang, learned G.A. for the State respondent No. 1 as well as Mr. N. Ibotombi, learned senior advocate for the PWD respondents 2 and 3.

(2.) THE present petition has been filed by the petitioner claiming for damage amounting to Rs. 4 lakhs on account of death of the daughter of the petitioner aged about 6 years after falling down on the river through the damaged wooden hanging bridge.

(3.) THE Respondents have filed their affidavit -in -opposition. The Respondent no. 1 in the affidavit -in -opposition had contended that the said river was repaired by one contractor in 2008 and was inspected again on 30.4.2009 as a part of routine inspection and found that 3 (three) wooden deckings at the end of the bridge were found missing and a cautionary sign board was put on 2.5.2009 near the bridge and these were also found missing when the concerned Executive Engineer made a spot inquiry on 23.6.2009 after the incident. It was also contended that the hollow portion in the bridge is only 2 (two) feet away from the bank of the river and was above the ground surface and not above the water surface and therefore, it was denied that it was not possible that the said girl died after having fallen through the said hollow portion of the bridge. The Respondents no. 2 and 3 also stated in similar lines. It was further stated by the Respondents no. 2 and 3 that since the death of the girl was found by the local people on the next day from the river bank, it indicates that she might have fallen from the suspension iron rod without any protection and as such, the authorities are not liable to pay any compensation on account of the death.