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2004 (2) TMI 378 - SC - Companies LawWhether under the law of torts the claimants in rail-motor collisions can claim that the obligations of the Railway under the statute as well as under common law will run concurrently? What are the common law duties of the Railways at level-crossings and whether the Railway is bound to take cognizance of the increase in the volume of traffic and ought to have installed gates and kept a watchman at the level-crossing ? Whether a public authority upon whom powers are conferred by statute to exercise discretion for benefit of the public can be said to be under a duty of care so that omission to exercise that power could be treated as negligence at common law giving a right to compensation? If not, whether there are any exceptions to the rule that a statutory ‘may’ can never give rise to a common law ‘ought’? What is the effect of the omission of the Railways to exercise power under section 13(c) and (d) ? Held that:- Appeal dismissed. There are no proper averments. There is absolutely no averment regarding bad faith. It was fairly admitted by Mr. Lalit that there is no case made out on the basis of public misfeasance. He fairly stated that at the highest the case could only be that of a violation of statutory duties. However, as observed above, compensation for violation of a statutory duty to enable individuals to recoup financial lone has never been recognized in India. In our view the Petitioners having chosen on their own to deposit amounts with the SBL cannot claim to recover against RBI. In such a case the loss has to be allowed to fall where it falls.
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