PREMADEVI AVINASHSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has brought under challenge, an order dated 05.05.2005 passed by the learned Railway Claims Tribunal (Ahmedabad Bench), Ahmedabad in CA No. OA 0300161 and Miscellaneous Civil Application No. MX300033. The learned Tribunal has rejected both the applications being CA No. OA 0300161 and Miscellaneous Civil Application No. MX300033 on the short and sole ground that the applicant had preferred two different/ separate claim-petition applications in respect of the same accident and same victims and in the following application i.e the second application the applicants had made a declaration to the effect that We the applicants above named solemnly declare that: (a) the particulars given above are true and correct to the best of our knowledge and (b) we have not claimed or obtained any compensation in relation to the death which is the subject matter of this application.

(2.) In other words, on the ground that the second claim in respect of the same accident was made by the same person/ appellant (as the beneficiary of the victim) in respect of one and the same accident, the learned Tribunal observed that we are of the firm view that the applicant(s) have not approached the Tribunal with clean hands and more so, by making false statements and declaration, they have made themselves liable for penal action under Section 148 of the Railways Act, 1989 , and with such observations, rejected both the claims applications.

(3.) Aggrieved by the said order the appellant has preferred this application before this Court.