STATE OF MIZORAM Vs. BIAKMAWIA S/O RALNGAMA

JUDGEMENT

(1.) BY this appeal, the appellants are challenging the judgment and order dated 7.4.2010 passed by the learned Senior Civil Judge, Aizawl in Money Suit No. 3/2001 whereby the appellants were directed and decreed to pay a sum of Rs. 6,00,000/ - (Rupees Six lakh) only as damage compensation to the respondent with interest at the rate of 6% per annum with effect from the date of filing the suit till the date of payment on the following grounds: -

(2.) I have heard Mr. Lalsawirema, learned Govt. Advocate on behalf of the appellants as well as Mr. Zochhuana, learned counsel appearing for the sole respondent.

(3.) THE respondent as plaintiff had filed Money Suit No. 3/2001 claiming for compensation for the death of his son Lalniliana aged about 13 years while trying to save one of his friend who was drowning in the PHE Water Tank. On 24.10.1999, the plaintiff's son and six of his other friends went to the bank of PHE Water tank to play. While sitting on the step of the said PHE water tank, one Jonathana fell down into the water tank and being not in a position to control the water current started drowning. On seeing that Jonathana was drowning, the plaintiff's son Lalniliana (L) with the intention to rescue the drowning boy dived into the water tank and pushed Jonathana up and saved him. However, while doing so, the plaintiff's son got drowned and he died on 24.10.1999 in the said water tank due to drowning. It was the case of the respondent/plaintiff that the fencing around the water tank/water reservoir at Laipuitlang was not properly protected by fencing and there was no Chowkidar on guard to prevent anybody from entering into the said water tank. There was no warning notice placed near the water tank. It was due to the negligence of the Public Health Engineering Department, Govt. of Mizoram in not having a proper fencing, warning signboard and chowkidar on duty preventing anybody form entering into the said water tank, the plaintiff's son lost his life while trying to save Jonathan who was aged about 8 years at that relevant point of time. It was also the case of the respondent/plaintiff that due to the brave act of Lalniliana (L) that he was also awarded the President's bravery award posthumously for giving his life for another boy. The respondent/plaintiff therefore claimed damages amounting to Rs. 600,000/ - alongwith interest @ of 12% per annum.