HIMACHAL PRADESH HIGH COURT
, J
Munish Kumar v. State of Himachal Pradesh
1. The plaintiff, Munish Kumar, is a partner of the firm Vijay Bharat Cigarette Stores, Pathankot. In connection with the business, the plaintiff was actively travelling in various parts of the States of Punjab and Himachal Pradesh. On 18.9.1988 at about 5 p.m. the plaintiff accompanied by one Ravinder Kumar, was going from village Badoh to Garoh falling in Tehsil Nurpur of District Kangra on motor cycle No. PAH 3340. Plaintiff was driving the motor cycle while the above named Ravinder Kumar was the pillion rider. A small bridge of four spans near Bassa Wazira falls on the way from Garoh to Badoh. This bridge is known as Garali Khad Bridge. The bridge was incomplete at the relevant time. The approach to the bridge is at an incline and there is a sharp curve before the bridge. As such the complete length of the bridge was not visible. No indication or sign was displayed to the effect that the bridge was incomplete, nor there were any blockades or danger signs placed. The impression which one got was that the bridge was in a normal condition and it was safe to pass through the same. While the plaintiff was driving through the bridge, his motor cycle fell down 20/30 feet below into th
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