UNION OF INDIA Vs. DIVISIONAL RAILWAY

JUDGEMENT

(1.) Railway Administration has preferred this appeal calling in question the Judgment and award dated 30.11.2010 of the Senior Civil Judge and Addl. MACT., Turuverekere, (for short 'MACT') allowing MVC 346/2007 recording a finding attributing actionable negligence on the driver of the locomotive, Chalukya Express for the cause of the accident.

(2.) Before the MACT, claimant asserted that one Rajani, aged 38, husband of the claimant, while traveling in an auto-rickshaw bearing certificate of registration KA-44/320 along with others, from Aralaguppe to Tiptur, at the unmanned level crossing No.73, the Locomotive Chalukya Express No.1018 proceeding from Banasandra towards Tiptur dashed against the auto-rickshaw, as a result of which Rajani succumbed to grievous injuries on the spot. That Rajani, it was said, was a businessman dealing in stones earning Rs. 10,000/- p.m. and his wife was dependent on such income.

(3.) The claim petition registered as MVC 346/2007 was opposed by filing statement of objections of the Divisional Manager (South Western Railways), Mysuru, arraigned as respondent No.3 contending that under Section 161 of the Railways Act, 1989, independently crossing unmanned level crossing is punishable with imprisonment which may extend to one year and as the auto rickshaw in question was a luggage auto not permitted to carry passengers, deceased while sitting in the said auto next to the driver, having stopped the auto rickshaw before the unmanned railway crossing and after the railway engine measuring 22 mtr crossed the said level crossing, the auto rickshaw driver in a rash and negligent manner dashed against the clutch and gear of the locomotive on its hind side resulting in the accident.