It was alleged that the accident occurred due to the negligence of the employees of the Railway staff at the railway crossing, the railway crossing having been kept open for the high way traffic at a time the train was to pass through the point.
In support of this companytention reliance has been placed on the decision of the Court in the case of Union of India vs. United India Insurance Co. Ltd. and Others supra .
Against the aforesaid order of the Tribunal Revision having been filed a learned Single Judge of Allahabad High Court referred the matter to the Division Bench and by the impugned judgment the Division Bench having upheld the order of the Tribunal, the present appeals have been preferred by the grant of Special Leave.
For sustaining such bodily injuries arising out of the accident, applications were filed claiming companypensation under Section 110 A of the Motor Vehicles Act, 1939 hereinafter referred to as The Act , against the insurer of the taxi as well as against the Railway Administration.
PATTANAIK,J. The Union of India through General Manager, Northern Railways is in appeal against the Revisional order of the High Court of Allahabad.
