MADAN NAYAK Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) Mr. Jena, learned advocate, appears on behalf of petitioners and submits, his clients are relatives of the deceased. Death occurred when check gate at Laxmidunguri level crossing broke and fell on the deceased. He relies on, inter alia, sec. 18 in Railways Act, 1989 and submits, it was duty of the railways to maintain the check gate. The accident was avoidable. Prayer in the writ petition is for payment of compensation.

(2.) Mr. Patnaik, learned advocate appears on behalf of railways and prays for adjournment to obtain instructions and submit.

(3.) Mr. Parhi, learned advocate, Asst. Solicitor General of India appears and submits, there has been change of railway counsel. Central Government Advocates have been entrusted with railway matters.