MUNISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by learned single Judge of this court in Civil Suit No. 117 of 1991 decided on 1/9/2000 dismissing the suit filed by the plaintiff/appellant.

(2.) THE undisputed facts are that the bridge over Garali Khud known as 'garali khud Bridge' was damaged on 7. 8. 1984. This bridge was thereafter closed to all vehicular and other traffic. On 18. 9. 1988 at about 5 p. m. the plaintiff Munish Kumar was travelling on his motor cycle no. PAH 3340 from village Badoh to Garoh in tehsil Nurpur, District Kangra, H. P. One ravinder Kumar was travelling as the pillion rider. The bridge falls on this route. Plaintiff went on to the bridge but since the bridge was incomplete and two spans were missing he along with his motor cycle and pillion rider fell off the bridge into the khud and sustained injuries.

(3.) THE defendants while contesting the suit had admitted the fact that they owe a duty to the general public to ensure that the roads, bridges and paths are properly maintained. However, according to the defendants after the bridge was damaged on 7. 8. 1984 a diversion through the khud was provided on both sides of the bridge. Signboards were fixed indicating that the bridge was damaged and the road leading to the bridge was closed by placing boulders and other material. According to the defendants they had taken all steps to forewarn the general public about the damage of the bridge and the accident occurred due to negligence of the plaintiff himself.