( 1 ) THIS is an appeal filed by the private individual concerned against the claim decree on account of accident and death passed in favour of respondents Nos. 1 to 4. The trial court held that the accident resulting into death of Chhedi Lal Dubey was caused due to rash and negligence of the driver of that bus. It determined the liability for damages for a sum of Rs. 12000/ -. It further directed that out of the aforesaid sum Rs. 5000/- would be paid by the Insurance Company which has insured the bus in question while the remaining amount, that is, Rs. 7000/- will be paid by the owner of the Bus. Two arguments are urged on behalf of the appellant. The first argument urged is that the Bus was itself hit by the Railway Engine and it was unmanned railway crossing so Union of India was also a necessary party. When the crossing is unmanned it is the duty of the person driving any vehicle or cart at the crossing railway line at that point to be alert and vigilant. The driver of the Bus should have taken notice of the approaching engine. If that was not done naturally accident will be due to negligent act of the driver and there is no question in such situation of any co