Railway authorities are liable to pay compensation for accidents caused due to their negligence in keeping unmanned level crossings open.

JUDGMENT :

Susanta Chatterji. J.

1. The petitioners are the unfortunate parents of one Susanta Behera who died by a train accident on 27.10.1994. Said Susanta Behera was a student of Class IX and he was returning to his village by a bi-cycle after attending tuition and while he was passing through the unmanned level crossing near Bari-Thangada Passenger Halt of the South Eastern Railway he was hit by Utkal Express and died at the spot.

2. It is stated that the deceased was the only son of his parents. The alleged accident occurred due to the sheer negligence of the railway authorities. The deceased had no fault of his own. It is further placed on record that in the aforesaid unmanned level crossing apart from Susanta Behera many other persons and animals have lost their lives and in spite of the public demands and repeated representations, the railway authorities did not take any step to avoid the accident at the particular spot. The details of the accident, which had occurred, have been averred in the writ petition.

3. It is contended that the railway authorities time to time assured the public to take immediate step to avoid the accident at the aforesaid level crossing and to compensate the legal representatives of the victims in order to pacify the people and enable the train to move peacefully. Many Newspaper cuttings have been referred indicating the past accidents, strike and assurance of the railway authorities.

4. The petitioners were also assured similarly while the accident of their only son took place and the railway authorities also assured to release suitable compensation in their favour but all promises were in vain. The petitioners made repeated reminders and representations but there was no reply from the other side. All these facts in greater details have been mentioned in the writ petition.

5. It is highlighted that the Railway authorities committed deliberate negligence in not taking steps to discontinue to run the train amidst busy localities and the unmanned level crossing became a great menace. No reasonable steps were taken nor there was caution board or any indicating to the pedestrians and passersby of the unmanned level crossing.

6. It is pointed out that there is an obligation on the part of the Railway authorities to ensure that whenever a train passes over a thoroughfare adequate warning should be given to the public about the passing of the train so that accidents may be avoided. No enquiry was conducted as regards the aformentioned accident in the manner provided under the Railways Act and the act of negligence on the part of the Railway authorities is an accomplished fact. Detailing all these facts and circumstances and alleging the negligence on the part of the Railway authorities, the petitioners have prayed for the following reliefs :

"............a writ of mandamus or any other appropriate writ may kindly be issued against the opposite parties to take appropriate steps in the unmanned level crossing near Bari-Thangada passenger halt by which the future accidents can be avoided and compensate the petitioners for loss of their only son to the tune of Rs. two lakhs which is the minimum liability of the Railway authorities to a passenger as per Section 124 of the Railways Act, 1989..........."

7. The writ petition is opposed by filing, a comprehensive counter affidavit. It is disclosed therein that on 27.10.1994 while 2478 UP Utkal Express Ex. Nizamuddin to Puri was on run between Dhanmandal and Bayree stations, one person at Km. 379/10-11 with his bi-cycle was hit with the locomotive of the said train at about 9.15 hours. The train was stopped by the driver at Km. 380/3. The Driver, Assistant Driver and the Train Guard at Km. 379/11 found only boy aged 15 years run over and lying on the left side of the track-half portion and the cycle after having broken lying in the middle of the track. The information was given by the Train staff to Khurda Road Control Office for further action. The unruly mob of the