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D. S. BAJPAI
Union of India – Appellant
Versus
State of U. P. Another – Respondent
JUDGMENT
D.S. Bajpai, J.
1. First Civil Appeal No. 46 of 197 under Section 96 of the Code of Civil Procedure has been filed assailing the judgment and decree dated 16th March, 1977 passed by the Civil Judge, Lakhimpur Kheri decreeing the plaintiffrespondent's suit for Rs. 29,965.80 paisa against the defendantappellant, the Union of India. The fact giving rise to this appeal are that the plaintiff which owned the U.P. Roadways, plied buses in the State of Uttar Pradesh and amongst others it was plying buses from Lakhimpur to Gola Gokarannath. There is a railway level crossing near Gola Gokarannath on the road and there is a railways gate no. 136 maintained by the Railway with gateman thereon. On 1961960 at about 1110 A.M. Bus No. U.P.M. 4040 of the plaintiff carrying passengers was in the process of crossing the railway track when it is alleged that the gateman, Moolchand, came forward and abruptly began to close the gate from the other side. The driver of the Bus saw the 51 Up Passenger Train approaching the level crossing without any whistle and tried to reverse the Bus so as to clear it out of the railway track but while he was reversing the Bus it collided with the gate on the ba
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