SHRI LALTHANMAWIA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) AND ORDER (CAV) - Heard Mr. C. Lalramzauva, learned senior counsel for the appellant as well as Ms. Zairemsangpuii, learned CGC.

(2.) This regular first appeal is against the Judgment and order dated 03.10.2011 and decree dated 03.10.2011 passed by the Court of the senior Civil Judge-I, Aizawl in Civil Suit No. 1/1994, wherein the Trial Court has directed the appellant/defendant to pay to the respondents/plaintiffs a sum of Rs. 15 lakhs with interest @ 13% per annum w.e.f. 1994 till realization as a part of the re-construction cost of the Bailey Bridge. The Trial Court had held the appellant liable for damaging the Bailey Bridge, when the two loaded trucks, owned by the appellant were crossing the bridge, though only one vehicle at a time was allegedly allowed to cross the bridge.

(3.) The brief facts of the case is that on 6.2.1993, two trucks bearing Nos. ZRM 3427 and ZRM 4757, both owned by the appellant herein met with an accident when the Bailey bridge, located at Buichali Lei, collapsed. As a result of the collapse of the Bailey bridge, the two trucks fell into the Tlawng River. The driver, Sh. Lalengliana, of truck No. ZRM 3427 died on the spot. Besides the above driver, another four people who were travelling in ZRM 3427 also died.