IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 20264 of 2011 Date of decision November 2, 2011 Sarti Devi and others ....... Petitioners Versus Union of India and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Sanjiv Gupta, Advocate for the petitioner. **** K. Kannan, J (oral). 1. The writ petition is dismissed, for, I find the death at an unmanned railway crossing as not answering res ipsa loquitur situation. The petitioner shall have common law remedy by way of properly instituted suit and establish the negligence on the part of the railway administration to make a claim for compensation. The remedy through a writ petition, where factual issues have to be considered on appropriate oral evidence, cannot be efficacious remedy. Serious disputed questions of fact cannot be a matter of adjudication before this Court. Public Law remedies for enforcement of claims for damages have been entertained where there is negligence writ large or where there is a prima facie case of negligence of public authority. I cannot make such an assumption about the site of the accident which was an unmanned railway crossing. The writ petition is consequently, dismissed with liberty as aforesaid for remedy through a civil suit. (K. KANNAN) JUDGE November 2, 2011 archana