SHANKERRAO LAXMAN RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the dismissal of his claim by Sbri R. S. Agarwala, First Additional District Judge, Jabalpur in Civil Suit No. 11-B of 1951 decided on 30-1-1954.

(2.) THE appellant, a truck driver, while driving his truck on the Katni-Kymore-Jukehi road on 14-2-1949 at about 5 p. m. collided against a shunting train at a level crossing, which has no gates and no gateman. As a result of the accident, the truck was damaged and the appellant's legs were injured, incapacitating him for the rest of his life. He, therefore, claimed damages at Rs. 18,180/- as follows: rs. 16,900/- Loss of income for 20 years at the average rate of Rs. 67/8/- per month. Rs. 700/- hospital charges. Rs. 500/- mental worry and physical pain. The negligence, according to the appellant, consisted in driving the train at high speed in disregard of fie safety of the passers-by using the level crossing and in not having a gate or a gateman at the level crossing.

(3.) THE respondent in defence denied negligence on its part. It was alleged that the railway siding is for the benefit of the cement factories and that as there was not much traffic on the level crossing, there was no necessity to erect a gate or post a gateman. It was further averred that the train was going at a speed of 8 to 10 miles per hour and that it was the negligence of the plaintiff that resulted in the accident.