A. B. Rohatgi, J. - (1.) This is one of those cases which from time to time raise the question of the responsibility of railway authorities for accidents at level crossings.
(2.) On September 23, 1961 at about 1.30 a.m. in the night a driver of the plaintiff company was driving a mercedes motortruck. That night he and his friend had been to a circus show at Meerut. They were returning to Delhi in their respective trucks. They were proceedings on the main Meerut Delhi road. It is a busy road with much vehicular traffic. On this road between Meerut city and Kharkhoda railway station there is a manned public level crossing. This level crossing has iron gates on both side of the road. There is a cabin and lodging tor the gateman. The practice of the railway was to close the gates when a train was crossing. A red light signal was also provided to warn the approaching public and vehicles to wait till the train passed.
(3.) When the plaintiff's driver reached the railway crossing he found the gates open. There was no danger signal to warn the public of the danger of any approaching train. In fact the friend's truck which was ahead of the plaintiff's truck had safely crossed the line. He was fortunate. But when the plaintiff's driver entered the gate he suddenly found a goods train running at full speed from Hapur side towards Meerut city in front of his truck. With all his presence of mind the driver could not avert a collision. The truck dashed against the wagon next to the engine of the train. As a result of the collision the truck was damaged. Its front portion including the engine was completely smashed resulting in heavy loss to the plaintiff.;