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2011 (7) TMI 1402 - HC - Indian Laws

Issues involved: Challenge to the judgment of Railway Claims Tribunal under Section 23 of Railway Claims Tribunals Act, 1987 regarding a minor child falling from a running train and sustaining injuries.

Details of the judgment:

1. The appellant, a minor child, filed a claim petition stating that he fell down from a running train due to heavy rush of passengers, resulting in injuries. The Tribunal dismissed the claim, noting discrepancies in the father's statement and police records, indicating a possible attempt to defraud the railways. The Tribunal found that the minor was not a bona fide passenger and that the ticket was not lost in the accident as claimed.

2. The High Court agreed with the Tribunal's findings, emphasizing that the claimant failed to prove being injured as a genuine passenger. The Court highlighted inconsistencies in the father's account and the swift removal of the injured child to the hospital before the father's arrival at the accident site, suggesting a fraudulent claim.

3. Observing a trend of fraudulent claims against railways, the Court noted the seriousness of perjury committed in this case. It directed the Registrar General to file a complaint under Section 340 of Cr.P.C. against the father for perjury, false evidence, and making a false claim, highlighting the need to address such fraudulent practices strictly.

4. Dismissing the appeal, the Court directed the Registrar General to take necessary steps for filing a complaint and listed the matter for further action. The judgment was sent to the Railway Claims Tribunal for information.

This summary provides a detailed overview of the judgment, highlighting the key issues, findings, and directives of the High Court in the case.

 

 

 

 

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