JUDGMENT

M. Jagannadha Rao, J.—Leave granted in the SLPs.

2. Several important issues - whether omission to perform public law statutory duties can or cannot give rise to action at private law (Point 4) and liability of public bodies in tort while performing inherently dangerous operations (Point 3) etc. arise for consideration in this batch of cases.

3. This is a batch of appeals preferred by the Union of India repre­sented by the General Manager, Southern Railway. The accident occurred on 9.5.1979 at an unmanned level crossing at Akaparamba (near Kalady) in Kerala when a hired passenger- bus was hit by the Jayanthi Janatha Express at about 3 P.M., and 40 passengers in the bus and the driver thereof were killed while some other passengers sustained injuries. Two judgments of the Motor Accidents Claims Tribunal, Ernakulam in regard to the same accident are under appeal before us. In one batch of cases filed by dependents of deceased and injured persons, the Motor Accidents Claims Tribunal, Ernakulam by Judgment dated 28.2.1986 held that the driver of the bus was negligent and passed awards against the owner of the bus and the insurance Company but dismissed the claim against the Railw