JAGARNATH Vs. KULLU MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by a learned Single Judge of this Court in Civil Suit No. 34 of 1982 on November 2/3, 1989. By means of impugned decree, suit of the appellants, (hereinafter referred to as the 'plaintiffs') has been partly decreed against respondent No. 1 (hereinafter referred to as 'defendant No. V), with proportionate costs in terms of the decree, dismissing rest of the claim as set up in the plaint. Defendant No. 1 has filed the Cross Objections against the decree that has been passed against it.

(2.) A suit for recovery of Rs. 6,32,058/- was filed by the plaintiffs against defendant No. 1 and other respondents who were also arrayed as defendant Nos. 2 to 4 in the suit, and all of them hereinafter are being referred hereto as defendants. Defendant No. 1 is Kullu Municipal Committee, defendant No. 2 is the Secretary of the Committee. Defendant No. 3 is Deputy Commissioner, Kullu and defendant No. 4 is the State of Himachal Pradesh through Secretary, Local Self Government to the Government of Himachal Pradesh, Shimla. After conclusion of the trial, a decree for Rs. 6,991/- with proportionate costs as aforesaid was passed.

(3.) IN the aforesaid circumstances, under great public pressure the Fire Brigade Staff was forced to come into action. According to plaintiffs if timely and prompt action had been taken, the devastation could have been avoided. Fire fighting engine was out of order and it was not drawing adequate water to be thrown on the buildings for extinguishing the fire. Plaintiffs pleaded that a duty was cast upon the Municipal Committee, Kullu and its officials to carry out their statutory duty to maintain and keep the fire fighting machinery in working order. Because of its negligence and inaction to keep it in that state they sustained loss.