• Cheating and fraud in MACT claim case of my father

My father was died in a road accident in 2002. My father's cousin "A" together with 5 other dependents of deceased (which include my mother and four children including me) have submitted a claim petition for a compensation of 22 Lacks INR before the Motor Accident Claims Tribunal (MACT) District Judge Bareilly which was disposed by the District Court Bareilly in 2004 in favor of the petitioners with an award of amount INR 3 Lacks. In this case "A" share of award was INR 50000 because he falsely declared himself as one of the dependent of the deceased. 1 Lacks was awarded to my mother and balance 1 Lacks and 50 thousands were distributed equally in four  children. "A"has done forgery and fraud in aforesaid case to grab the share of the compensation which was meant only for the dependents of the deceased. A was never entitled for the compensation but he misleads the court and submitted false statements and forged documents to fulfill his objectives. 

"A" has done following forgery and fraud in this case.
(1)	"A" has illegally submitted in the claim petition of April 2002 that he is the elder brother of the deceased and is among his legal heir. To fulfill his motive he has further defended his claim in his statement of in Feb 2003 in front of district judge where he has submitted as public witness that he and deceased were born from the same mother though they had different fathers. This is a blatant lie and he has committed fraud by submitted wrong statements. In fact A and deceased are related as cousins. "A" father and deceased‘s father were brother. 
(2)	"A" has submitted wrong address of deceased in claim petition of April 2002. He has further defended his claim in his statement of Feb 2003 in front of district judge where he has submitted that deceased family and his family used to live in an ancestors house. The statement is nothing but a blatant lie. The deceased had never stayed at "A" address.The deceased was permanent resident in Bilaspur District Rampur and his family was staying there. To defend his claim "A" has submitted fake invoices which show Fatehganj (West), Bareilly as the deceased address.He has further claimed that he is responsible for the combined expenditure of his family and deceased family just to prove that he is guardian of deceased family but in reality he never born any expenditure of deceased family.
(3)	"A" has signed claim petition illegally on my behalf. I have not given power of attorney to him for signing on my behalf. The applicant was in Engineering College in Gorakhpur in April 2002 and appearing in final year engineering exams. This was done by the "A" to hide from us that he has put himself as one of the dependent of deceased.

What legal action I can pursue against "A"?
(1) Can we go to our local police station for the FIR? or we have to approach court ?

(2) Can I claim that being one of the sons the applicant is a dependent of the deceased and has incurred financial losses due to forgery and fraud of "A"?
(3) My other siblings (2 brothers and one sister) who were also petitioners of the claim may not support me in this fight as "A" is influential and related to us. He may fold them in his favor as my relation with my family is not good.

Waiting for your valuable suggestions.
Regards
Asked 8 years ago in Criminal Law
Religion: Muslim

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8 Answers

1)it is better you approach the court to set aside award of compensation to A

2) A has committed offence of giving false evidence on oath

3) Section 191 and 192 of IPC deal with perjury and filing of false affidavit in pleadings would be covered under Section 191. Section 191 deals with evidence on oath and Section 192 with fabricating false affidavits; the offence under Section 191 IPC is constituted by swearing falsely when one is bound by oath to state the truth because a declaration made under an oath. The definition of the offence of giving false evidence thus applies to the affidavits. The offence may also fall within Section 192 which, inter alia, lays down that a person is said to fabricate false evidence if he makes a document containing a false statement intending that such false statement may appear in evidence in a judicial proceeding and so appearing in evidence may cause any person who, in such proceedings is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings. Therefore, where declarations in affidavits which were tendered in the Court to be taken into consideration, the authors of the affidavit clearly intended the statement to appear in evidence in a judicial proceedings and so appearing, to cause the Court to entertain an erroneous opinion regarding the compromise, therefore, the offence would fall within Section 191, 192 which is punishable under Section 193 IPC,

4) it is immaterial that your sibllings do not support you in filing case against A . approach court as soon as possible

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1. Even if A is the elder brother of the deceased he is not a Class 1 legal heir of the deceased. When the class 1 heirs i.e widow and children of deceased were alive the brother of the deceased could not have claimed compensation. Did you contest this point in the MACT?

2. The order of MACT has to be perused to give concrete advise, but the order is appeallable in the High Court. In appeal the court can set aside in entirety or modify the order of the trial court.

3. No FIR is maintainable on your complaint. If any FIR is to be filed it is to be filed by the court before which the forged document was led in evidence. So you may file a complaint to the court under section 340 CrPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Several acts of criminal offence like fraud ,perjury, forgery and criminal impersonation has occurred .

2. So you can lodge complaint on that respect with the police for which the Police can register FIR.

3.However since the offence committed is in relation to court proceeding the Police may be reluctant to register FIR and hence the proper remedy would be to file an application u/s 340 crpc i the same court.

4.On perusal of this the court will cause an enquiry and on being satisfied with prima facie case would take congnizance of the offence and accordingly a criminal case would be started agaisnt him.

5. You can also prefer an appeal to set aside the final order of district judge as well to set aside the judgment.

6. Another option is to inform the Insurance authority about this fraud officially so they can file an appeal agaisnt the final judgment and order on the ground of fraud committed on court and of they default yoi ca file writ petition.

So options for future line of actions are aplenty.

Devajyoti Barman
Advocate, Kolkata
23117 Answers
505 Consultations

5.0 on 5.0

Hi

1) Utterly surprised and shocked on how your father's cousin(A) can claim himself as legal heir of your father.

2) In accordance to Islamic Law, Certain heirs referred to as primary heirs are always entitled to a share of the inheritance and These primary heirs consist of the spouse relict, both parents, the son and the daughter.

3) All remaining heirs can be totally excluded by the presence of other heirs.

4) Also in Islamic law the son takes priority over the father who in turn takes priority over the brothers who in turn take priority over the paternal uncles.

5) Also in Muslim law, The concept of a joint family or of coparcenaries property (as is recognised under Hindu law) is not known to Muslims. Whenever a Muslim dies, his properties devolve on his heirs in definite share of which each heir becomes an absolute owner.

6) You should approach the court and file for revision of court orders on the following grounds

a) The order wherein A has got a share of claim in MACT claim has been obtained by forgery and fraud and also by misleading the court on Oath.

b) Also given that A has in total contradiction to Islamic Law of succession has misled the court by making false claims such as Legal heir, joint family etc

7) You as a one of the legal heirs can file a suit for revision of claim award (not necessary that your other siblings should support your claim though they will benefit from the suit subsequent to you winning the case).

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You can file petition in HC to set aside verdict of trial court and st same time fine petition under section 340cr pic

2) we cannot say how long court will Tahoe the pass order

3) you can file criminal case against A if you so desire

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1. Yes, you can file the petition in the same court .

2. It depends on court to court. It takes around 6-12 months.

3.yes, you can

Devajyoti Barman
Advocate, Kolkata
23117 Answers
505 Consultations

5.0 on 5.0

1. Without perusing the claim petition filed by him it is not possible to speak on the maintainability of proceedings under 340 CrPC.

2. Mere reversal of the trial court's decree by the appellate court does not give you the right to launch criminal proceedings. There has to be cause of action in your favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The delay of 13 years in moving court has to be explained

2) merely because you had gone abroad for studies and work purposes for 14 years is no ground for condo nation of delay in filing application under. Section 340 of crpc

3) chances of HC setting aside order are bleak

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

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