STATE OF HARYANA Vs. MOHINDER SINGH

JUDGEMENT

(1.) The present appeal has been filed by the defendants who are aggrieved against the concurrent findings of the Courts below whereby the suit for damages filed by the plaintiff to the extent of Rs. 30,000/- has been decreed by the Civil Judge (Junior Division), Kaithal vide judgment and decree dated 30.4.2011 and upheld by the Addl. District Judge, Kaithal on 25.10.2011. Case of the plaintiff was that defendant No. 2-Executive Engineer, P.W.D. (PH), Kaithal had dug pits in the street of village Chandana and the mare of the plaintiff fell into the pit and died on 11.9.2008. The death of the mare was on account of carelessness and negligence on the part of the defendants. The legal notice was also sent but the same was not replied by the defendants.

(2.) In defence, the defendants took the plea that the supply of water was given by the defendants' department for which two sluice valves had been installed there and for operating these valves two pucca pits with cement and bricks have been constructed which were covered with the RCC slabs. To operate the valves, small holes had been left in these slabs. These covered pits were about 27-29 feet wide and they were away from the road side at a distance of about 18 feet, which was situated in such a place that no injury could be caused to any animal. It was pleaded that there was no negligence in performance of duty and the plaintiff had not suffered any injury.

(3.) On the pleadings of the parties, the trial Court framed the following issues:-