JUDGMENT

V. GOPALA GOWDA, C.J. - These two writ petitions have been listed together as the facts and reliefs sought for are common and they arise out of the same accident. Therefore, they are heard and disposed together of by this common judgment.

2. The first writ petition [W.P.(C) No.3324 of 2010] is filed by the parents of the deceased minor child who died on account of the railway accident claiming compensation and praying for issuance of a writ of mandamus against the opposite parties to take appropriate steps in the unmanned level crossing situated in village Saradola in between Cuttack and Jajpur Road so that future accidents can be avoided and to pay compensation to the petitioners for loss of their son to the tune of Rs.4 lakhs with interest at the rate of 9% per annum, which is the minimum liability of the Railway authority to a passenger as per Section 124 of the Railways Act, 1989.

3. The second writ petition [W.P.(C) No.3325 of 2010] is filed by the minor-claimant (represented by father), who sustained severe injuries on account of the very same accident and became disabled, seeking suitable compensation though the prayer in the writ petition is not properly couched.

4. Brief facts as have been narrated in the above writ petitions are stated below with a view to find out as to whether the petitioners are entitled to reliefs as prayed for and to appreciate the legal contentions raised are as follows:

On 25.2.2009 at about 10.30 A.M. while the son of the petitioners (in W.P.(C) No.3324 of 2010) Prakash Ranjan Sahoo aged about 27 years along with pillion rider Maheswar Sahoo aged about 14 years (the claimant-petitioner (W.P.(C) No.3325 of 2010)was going on a motorcycle through the unmanned level crossing situated in village Saradola in between Cuttack and Jajpur Road in the district of Cuttack, the motorcycle faced an accident and Prakash Ranjan Sahoo expired when a train i.e. Jaswantpur Special Express ran over him and the pillion rider Maheswar Sahoo sustained severe injuries on his person. On account of the said injuries he became disabled due to fracture on his left leg and other parts of the body.

5. It is the case of the petitioners that deceased Prakash Ranjan Sahoo along with pillion rider Maheswar Sahoo was going in a motorcycle but unfortunately when they were crossing the unmanned level crossing the alleged accident occurred as both sides of the railway lines were not visible to the persons crossing the railway line. The Railway authorities have not taken sufficient precautions in the particular level crossing for which every year the people are facing the accident causing their death and bodily injuries without any fault from their side. In support of their claim, petitioners have collected the proper address of family members whose family members have faced accidents in the last few years at the said level crossing. For the alleged accident a U.D. case has been registered through the Officer-in-Charge, G.R.P., Cuttack bearing G.R. Case No.196/2009 which is pending in the Court of the J.M.F.C. (R), Cuttack The certified copy of the F.I.R., Final Form, Inquest Report, P.M. Report, Zimanama are produced as Annexure-1 series, About the accident there was a paper publication in the Oriya local daily "The Samaja" dated 26th 'February, 2009. Xerox copy of the paper clippings is produced as Annexure-2.

6. It is stated that the deceased Prakash Sahoo was a Graduate in Arts and after his academic career he had completed Diploma in Computer Application Course. It is also stated that the deceased was a sportsman. In support of their claim, they have filed certain certificates as under Annexures-4, 5, 6 and 6. After completion of his aforesaid courses the deceased was doing a service and was getting Rs.5,000/per month.

7. Insofar as the case of the petitioner-Maheswar Sahoo is concerned, it is stated that he was studying in Class-IX at the time of the alleged accident. In support of his claim, he has filed Transfer Certifica