The Ghosals of Lake Gardens have decided to move the high court against the railways, claiming that their negligence led to the accident at the unmanned Notungram railway crossing in Katwa on Monday.

Ranadeb Ghosal, his wife Ipsita and their daughter Rupsa were killed when a train smashed their car. The doctor couple’s 18-year-old son Ritam was admitted to hospital with serious injuries.

Ranadeb’s elder brother Bijon said on Wednesday that the wheels of the Maruti 800 got trapped in the space between the railway tracks and the paved edge of the road.

“We lodged a complaint with Government Railway Police, Katwa, mentioning how negligence of the railways led to the mishap. We followed it up by filing an affidavit at Katwa court. Our next move will be to file a case in the high court,” said Bijon.

The railways’ claim that the car had a learner tag and could have been driven better was “unfortunate”, said Tapas, another of Ranadeb’s brothers. “Why would someone with a permanent driving licence attach a ‘learner’ tag to his car?”

He added: “The wheels got trapped because there’s a huge gap between the tracks and the road. It seems the railways are trying to avoid addressing the issue so that they don’t have to pay compensation. Our aim is not to seek compensation but to ensure that no other family meets with a similar fate.”

No one from the railways had called up the family since the accident, according to the Ghosals.

On Wednesday, doctors treating Ritam said that his jawbone had been operated upon. His tongue has been repaired. “He can now talk with a slur,” said a doctor.