FAO No.3808 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3808 of 2011 (O&M) Date of Decision: 30.05.2011 Union of India and another ... Appellants Versus Anna Brown and others ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Rajiv Sharma, Advocate, for the appellant. ***** 1. Whether reporters of local papers may be allowed to see the judgment? NO 2. To be referred to the reporters or not? NO 3. Whether the judgment should be reported in the digest? NO K. KANNAN, J. (Oral) 1. The delay of 3 days in filing the appeal is condoned. 2. The appeal filed by the Union of India challenges the award passed to the extent of 50% for death caused at a railway crossing when the train belonging to the Railway Administration dashed against the passenger bus crossing the gate. The Tribunal apportioned equal responsibility for the accident to the driver of the bus as well to the engine driver and awarded amount to be paid to the extent of 50% by the Union of India, on behalf of the Railway Administration. 3. The contention by the Railway Administration was that it was a foggy day and the railway gate was opened by the person managing the gate on account of the persistence of the public. The staff of the Railways that could not resist pleas of the public to open the gate, even when it was not safe FAO No.3808 of 2011 (O&M) -2- to allow the gate to be opened and exposed the persons to grave risk to the lives of passengers crossing the railway track cannot escape the consequences of such a lapse on the part of the man who was guarding the gate. The liability is manifest in the manner in which the evidence was led and if the Tribunal was according the culpability to a tune of 50% on the Railway Administration, it was perfectly justified. The Motor Accident Claims Tribunal is entitled to award even against the Railway Administration when there is independent Tribunal provided under the Railway Tribunals Act, as laid down by the Supreme Court in “Union of India v. Bhagwati Prasad, 2002(3) SSS 66”. The liability cast on the Railway Administration cannot, therefore, be found fault with. 4. The award is confirmed and the appeal is dismissed. MAY 30, 2011 ( K. KANNAN ) Rajan JUDGE