9911796707
TMI Blog2011 (7) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... m petition stated that he along with his father Mohd. Sabir was traveling on 7.3.2010 in E.M.U train from Dayabasti to Sadar Bazar Railway Station and that due to heavy rush of passengers the minor appellant i.e., Master Mehtab fell down from the train and sustained injuries. It was further stated that ticket was lost in the accident as the bag containing the journey ticket and other belongings of the father Mohd. Sabir were lost in the aftermath of accident. 2. The Tribunal has dismissed the claim petition by making the following pithy observations: Regarding the nature of the incident, the applicant has stated that due to heavy rush of passengers, Master Mehtab, who was accompanied by his father during travel, fell down from the running t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain. It is also relevant to mention that the residence of Mohd. Sabir was in a Jhuggi near to Dayabasti, and in alt probability, Master Mehtab was a victim of run over by a train, as there is no evidence on record to show that he was either a bona fide passenger of the train concerned or that he sustained grievous injuries on account of ah accidental fall from the train; These issues are decided accordingly in favour of the respondent and against the applicant. 3. I completely agree with the findings of the Railway Claims Tribunal in that the appellant had failed to make out the requisite case that he was injured while traveling as a bona fide passenger in a train. Reference to the D.D. entry shows that all that was stated that the claimant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the injury is alleged to have been caused to the child by falling from the train, for the police have immediately reached the spot. Also, the Tribunal in my opinion seems to be justified in making the observation that since the place of accident is not too far away from the place of residence of the applicant, it is possible that the applicant would have suffered injuries on account of either walking on the railway tracks or crossing the same near about his residence. 4. I am noticing that many cases are coming up before this Court where it is more than amply clear that there is a systematic endeavour to defraud the railways because of the enactment and implementation of the Railway Claims Tribunal Act, 1987 which provides for statutori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Sections 193, 199, 200 and 209 of Indian Penal Code, 1860 (IPC). Prima facie, in the present case there is made out a case for a complaint to be registered by the Registrar General of this Court acting under Section 340, Cr.P.C. against Mohd. Sabir through whom the present appeal has been filed and through whom the claim petition was also filed before the Railway Claims Tribunal and who has committed the offences of perjury, giving false evidence, giving and using false declaration and making a false claim. 6. Accordingly, while dismissing the appeal, I direct the Registrar General to make a complaint to the concerned Metropolitan Magistrate having jurisdiction and also take such other steps as are required in law under Section 340(1)( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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