1975 Supreme(Del) 66
RAJINDAR SACHAR
RAJINDER KAUR – Appellant
Versus
UNION OF INDIA – Respondent
Advocates Appeared:
H.S.Dhir, R.K.MAKHIJA
( 24 ) IN Kemshead v. British Transport Commission is a case of accommodation crossing which is to be distinguished from a crossing to which the public as such has a usual access. That was a case where a car at an accommodation crossing run over by a train and it was held that as no negligence was proved which could be attributed to the driver of the train and it was also held that it was an accommodation crossing the only duty owed by the railway was to take reasonable care and it was not a case where there are any special circumstances of danger and, therefore, even if no whistle had been given by the train and no whistle board was placed at the crossing the accident could not be attributed to the negligence of the railway. It is pertinent to note that in this very case it was recognised that there may be special circumstance relating to the particular crossing which might as a matter of commonsense and common or reasonable precaution require that special precaution should be taken. It was also recognised that if there were circumstances in which the railways ought to put a whistle board and they do not put it up they will be held liable. It is clear that this authority recognise
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