GOVERNOR-GENERAL OF INDIA IN COUNCIL Vs. BIBI SALIMAN

JUDGEMENT

(1.) In the suit which is subject of this appeal the plaintiff claimed damages from the Government on the ground that her son Ghulam Rasool aged 18 years was killed in the Kiul station yard by a pilot engine which was negligently driven. The defendant resisted the claim on the ground that there was no negligence on the part of the shunter, that Ghulam Rasool had trespassed on the railway and he was killed on account of his own negligent act. The defendant declared that on the alleged date Ghulam Rosool was found dead on the railway line and from enquiry the defendant learnt that the accident was caused not by the pilot engine but probably by another train 66 Down which had just reached the platform. The trial Judge, however, found that the deceased Ghulam Rasool was not a trespasser but a licensee, that his death was caused by the negligent driving of the pilot engine. The trial Judge granted a decree for a sum of Rs. 4500 in favour of the plaintiff.

(2.) Against this decree the defendant has instituted this appeal.

(3.) Two arguments were presented on behalf of the appellant.