BHADRA DE SILVA Rajakaruna Uduvaragoda vs. General Manager of Railways Sri Lanka Railway Department, and Others – SC APPEAL NO.62/2013-2013

Brief
In the case between Ms. Bhadra Rajakaruna (widow of Mr. Rajakaruna) and the General Manager of Railways, Sri Lanka Railways employees (specifically Jagamuni Piyasena De Silva and Handunetti Lalith Wijesundera), and the State via the Attorney General, the court addressed the issue of liability for a fatal collision at Level Crossing No. CL 78. It was determined that the death of Mr. Rajakaruna was solely attributable to the negligence of the gatekeepers, who failed to close the gates and abandoned their post, with no contributory negligence found on the part of Mr. Rajakaruna. The court reaffirmed the principle that statutory duties under section 32 of the Railways Ordinance require railway personnel to secure level crossings and provide adequate warning to road users. The findings es