Gauhati High Court Sets Aside Order Directing Railways To Pay Compensation For Death Of Man While Crossing Unmanned Railway Crossing, Cites Driver's Negligence

The Gauhati High Court on Tuesday set aside the judgment of a Motor Accident Claims Tribunal which directed the NF Railways to pay a compensation of Rs. 4 Lakhs to the representatives of a deceased person who died in an accident where his vehicle was hit by a train while trying to cross one unmanned Railway crossing, on the ground that the accident happened due to the negligence of the driver who was driving the said vehicle and therefore, NF Railways is not liable to pay any compensation to the claimant.The single judge bench of Justice Parthivjyoti Saikia observed:“Section 161 of the Railways Act, 1989, makes it compulsory for the drivers of every vehicle crossing an unmanned level crossing, to stop and to observe whether any train is coming, before crossing the level crossing. The driver Lok Bahadur Chetri has stated in his evidence that he did not stop his vehicle before crossing the level crossing.”FactsOn November 13, 2009, at about 6.18 P.M., the deceased was travelling inside the driver's cabin of the TATA Magic ACE Pick Up vehicle. The driver and handyman were also present inside the cabin along with the deceased. When the vehicle tried to cross one unmanned Railway crossing near Laipuli, a train coming from Lidu towards Dibrugarh hit the aforesaid vehicle. The deceased sustained grievous injuries and succumbed to his injuries.Hence, the wife of the deceased, his two children and his parents filed a claim petition before the Motor Accident Claims Tribunal, Tinsukia (Tribunal) seeking compensation.The following issues were before the Tribunal:Whether the deceased died on November 13, 2009 as a result of rash and negligent driving of TATA Magic ACE Pick Up vehicle?Whether the claimants are entitled to get any compensation? If so, to what extent and from whom?Whether the accident occurred as a result of negligent act of NF Railways?After perusal of the materials on record, the Tribunal vide judgment and order dated July 19, 2013 directed the National Insurance Company Limited to pay compensation of Rs. 4,03,550/- to the claimant along with interest rate of 6 percent per annum.The Tribunal further directed the Divisional Railway Manager, Tinsukia to pay an amount of Rs. 4,03,550/- to the claimant along with an interest rate of 6 per cent per annum.The Union of India and Divisional Railway Manager, Tinsukia preferred the present appeal under Section 173 of the Motor Vehicles Act challenging the said judgment and order passed by the Tribunal.The Counsel appearing for the Railways submitted that as per Section 161 of the Railways Act, 1989, if any person driving or leading a vehicle, is negligent in crossing an unmanned level crossing, he shall be punished with imprisonment which may extent to one year.It was further argued that the driver of the said vehicle never stopped or cared to stop the vehicle near the level crossing to observe whether any approaching train was in sight and therefore, it is the fault of the driver for which the accident took place.The Court noted that the driver of the said vehicle stated in his evidence that before crossing the Railway crossing, he did not stop the vehicle but he had looked towards Dibrugarh direction and his handyman had looked towards Lidu direction.“When they found no train on the track, they proceeded towards the level crossing. The driver further stated in his evidence that just before him, an Army truck had crossed the Railway unmanned level crossing and he just followed that truck. Immediately, a train coming from Lidu direction had hit his vehicle. The driver has stated in his evidence that he never heard the sound of an incoming train nor he had heard the whistle of the train,” the Court observed.The Court remarked that it is hard to believe that the driver did not hear the sound of a huge incoming train.It was held by the Court that the driver had violated the provision of law as laid down in Section 161 of the Railways Act, 1989.“It is proved that the accident took place because of the negligence of Lok Bahadur Chetri who was driving the vehicle bearing Registration No.AS-23-AC-0846. In that case, the appellant NF Railways is not liable to pay any compensation to the claimant,” the Court said.Thus, the Court allowed the appeal and set aside the impugned judgment and order passed by the Tribunal which directed the appellant NF Railways to pay a compensation of Rs. 4,03,550/- to the claimant(s) along with interest rate of 6 percent per annum.Citation: 2024 LiveLaw (Gau) 32Case Title: Union of India & Anr. v. Rekha Bharali & 4 Ors. Case No.: MACApp./349/2013Click Here To Read/Download Order

Gauhati High Court Sets Aside Order Directing Railways To Pay Compensation For Death Of Man While Crossing Unmanned Railway Crossing, Cites Driver's Negligence

Udit Singh

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