HARAKCHAND PATNI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a first appeal filed by the plaintiff against the judgment of Civil Judge, class I, Chhindwara in civil suit No. 5-B of 1950 dismissing the suit.

(2.) THE plaintiff owned a truck which he had let out on hire to Shri D. K. Patni of chhindwara for the year 1949. While the truck was being driven by Bipat Singh (P. W. 5) on the mid-night of 14th June 1949, it met with an accident on the level crossing between Barkuhi and Khirsadoh railway stations. A goods train was coming from Barkuhi to Khirsadoh, hit the truck while it was crossing the railway line. The suit was for recovery of damages thus caused to the truck. Another suit was filed by Bipat Singh driver for compensation for injuries sustained by him. Both these suits were tried together and have been dismissed by the lower Court. Bipat Singh has not filed any appeal against the dismissal of his suit.

(3.) FROM the spot inspection-report Ex. P-4, recorded by the lower Court and the sketch map Ex. C-1, it appears that as the train proceeds from Barkuhi to khirsadoh on mile No. 800, it passes through a cutting about 3 furlongs in length. The place where the cart-track crosses the railway line is 87 feet from the mouth of the cutting. The level crossing is unmanned and there is no gate there. The cart-track crosses the railway line at right angles. There are shops on either side of the cart-track. The last shop is 31 feet from, the crossing. Thus, as one proceeds from south to north on the cart-track towards the level crossing, it is possible to see the train coming out of the cutting until one passes the last shop, that is when he is about 31 feet from the level crossing. Similarly the driver of the railway train coming out of the cutting would not be able to see the level crossing until he is out of the cutting, that is, when he is about 87 feet from the level crossing.