BABI KUNVAR Vs. UNION OF INDIA

JUDGEMENT

(1.) I have in the recent past while dismissing the appeals which have been filed against the judgments passed by the Railway Claims Tribunal dismissing claim petitions, simultaneously initiated proceedings under Section 340 Cr.P.C because I am finding that there is now a rash of cases wherein because of the high statutory compensation of Rs. 4 lakh which is payable on account of a death in an untoward incident, there is an organized racket in certain cases to get the huge statutory compensation of Rs. 4 lakh and which is awarded with pendente lite and future interest. The present appeal is one such false and dishonest litigation.

(2.) In the present case, the claim petition was filed claiming that the deceased Amar Singh, husband of the appellant/petitioner died in an untoward incident on 17.4.2010 near the Okhla Railway Station, New Delhi while traveling from Haridwar to Kota in Rajasthan and which journey was alleged to have begun on 16.4.2010. The case as set up by the appellant was that the deceased was accompanying his friends Amar Singh and Lala @ Bachcha who saw him fall from the train and his consequent death in an untoward incident as per the meaning of the expression in Sections 123(c) and 124-A of the Railways Act, 1989.

(3.) The Railway Claims Tribunal has dismissed the claim petition by making the following salient observations :