2011 (7) TMI 1402

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....ous injuries. The appellant/applicant in the claim 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 accompan....

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....ence of the fact that he was actually not traveling by the train. 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....

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....the police post was located immediately adjacent to the place where 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....