Negligence of the State in maintaining public infrastructure leading to a fatal accident can invoke public law remedy for compensation.

N. Kotiswar Singh, J.:-

Heard Mr. Bishamvor, learned counsel for the petitioner. Also heard Mr. R.S. Reisang, learned G.A. for the State respondent No. 1 as well as Mr. N. Ibotombi, learned senior advocate for the PWD respondents 2 and 3.

2. The present petition has been filed by the petitioner claiming for damage amounting to Rs. 4 lakhs on account of death of the daughter of the petitioner aged about 6 years after falling down on the river through the damaged wooden hanging bridge.

3. According to the petitioner there is a wooden hanging bridge known as Litanthong constructed over the Imphal river connecting his village with Uchiwa Kabui Village. The said wooden hanging bridge was constructed in the year 1972. However, according to the petitioner, the said bridge in spite of being used extensively by the villagers, was not repaired because of which the middle portion of the said wooden bridge had broken down causing massive holes on the bridge. It has been stated that on 7.5.2009, the petitioner's wife and his deceased daughter Farida Begum while crossing the wooden hanging bridge, Farida Begum suddenly fell down into the Imphal river through the said hollow portion of the wooden bridge and was drowned in the river and her dead body could be recovered only on the next day. The death of his daughter caused a hue and cry in the area and it was widely published in the local newspapers. According to the petitioner, her daughter Farida Begum was studying in Class-III in the Uchiwa Wangma Junior High School with good academic records. The petitioner also stated that though certain investigation was conducted by the police, nothing came out of it and the petitioner submitted an application to the Chief Engineer, Public Works Department, Manipur on 4.6.2009 for payment of ex-gratia on account of the death of his daughter. However, since there has been no response from the authorities, the petitioner has approached this Court by filing this writ petition seeking payment of Rs. 4 lakhs. It has been contended by Mr. Bishamvor, counsel for the petitioner, that the petitioner's daughter was a bright student of tender age of 6 years and she would have had a bright future had her life not been cut short so cruelly and the petitioner would be entitled compensation of at least Rs. 4 lakhs for the death of his daughter and trauma caused to him.

4. The Respondents have filed their affidavit-in-opposition. The Respondent no. 1 in the affidavit-in-opposition had contended that the said river was repaired by one contractor in 2008 and was inspected again on 30.4.2009 as a part of routine inspection and found that 3 (three) wooden deckings at the end of the bridge were found missing and a cautionary sign board was put on 2.5.2009 near the bridge and these were also found missing when the concerned Executive Engineer made a spot inquiry on 23.6.2009 after the incident. It was also contended that the hollow portion in the bridge is only 2 (two) feet away from the bank of the river and was above the ground surface and not above the water surface and therefore, it was denied that it was not possible that the said girl died after having fallen through the said hollow portion of the bridge. The Respondents no. 2 and 3 also stated in similar lines. It was further stated by the Respondents no. 2 and 3 that since the death of the girl was found by the local people on the next day from the river bank, it indicates that she might have fallen from the suspension iron rod without any protection and as such, the authorities are not liable to pay any compensation on account of the death.

5. Heard the learned counsel for the parties and perused the records.

6. It is the contention of the petitioner that the petitioner's daughter died after falling down into the river through the broken portion of the wooden suspension bridge while crossing the said bridge which was however denied by the respondents, though admitting that the bridge was broken but the said broke