High Court set asides MV Tribunal order for compensation to injured driver crossing unmanned railway crossing 

The Single Judge Bench of the Gauhati High Court, comprising Justice Parthivjyoti Saikia has set aside the order passed by the Motor Accident Claims Tribunal. To pay Rs 4 Lakhs to the driver who was injured during crossing an unmanned railway crossing.

Background of the case

The Petitioner was travelling insides the driver’s cabin of the TATA Magic ACE Pick Up vehicle bearing Registration No.AS-23- AC-0846. The vehicle was driven by Lok Bahadur Chetri. The handyman Hori Sonar was also present inside the cabin along with the deceased and the driver. 4. When the vehicle tried to cross one unmanned Railway crossing near Laipuli, a train coming from Lidu towards Dibrugarh had hit the aforesaid vehicle. The deceased sustained grievous injuries and succumbed to his injuries.

On the basis of the evidence on record, the Tribunal directed the National Insurance Company Limited to pay compensation of ₹4,03,550/- to the claimant along with interest @ 6% per annum.

Being aggrieved by the judgment passed by the Tribunal, the appellant has filed the instant appeal.

Submission of the Appellant

The Appellant has pointed out to Section 161 of the Railways Act, 1989, which states that 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.

He further submitted that the driver of the vehicle bearing Registration No.AS-23-AC-0846 never stopped or cared to stop the vehicle near the level crossing to observe whether any approaching train was in sight. The learned counsel further submitted that it is the fault of the driver for which the accident took place.

Decision and Reasoning of the Court

The Court considered the facts and circumstances of the case and observed that 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.

Therefore the Bench was of the opinion that, it is clear on the face of the record that the driver Lok Bahadur Chetri 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 allowed the appeal and the impugned judgment and order dated 19.07.2013 passed by the learned Motor Accident Claims Tribunal Tinsukia in MAC Case No.23/2010 directing the appellant NF Railways to pay a compensation of ₹4,03,550/- to the claimant(s) along with interest @ 6% per annum, is set aside.