Skip to main content

Court fines women who faked evidence to get accident claim - Madras HC

The two widows perhaps had good reason to claim compensation after their husbands died in a hit-and-run case. But in the absence of evidence to buttress their claim, they resorted to deception and succeeded in receiving a combined compensation of 14.5 lakh. But after their fraud was exposed, the Madras high court has quashed the claim.

On May 5, 2005 at 4.30pm Stephen Chelladurai was riding a bike with N Illangovan on the pillion. They were going from the city to Chengalpet when near Peramanur village on GST Road they were hit by an unidentified vehicle driven in a rash manner. Chelladurai died on the spot while IIangovan succumbed to injuries on his way to a hospital.

The next year, Chelladurai's wife Chitra and Illangovan's wife E Pushparani approached the Motor Accident Claims Tribunal (MACT) stating an auto belonging to A R Iyappan and driven by A R Boobalan was the vehicle which caused the accident. After investigation, S Krishnan, inspector, MM Nagar police station confirmed the auto was involved in the accident. MACT in August 2011, provided compensation of 7.32 lakh to Chitra and 7.28 lakh to Pushparani.

Against the order, United India Insurance, Royapettah, filed an appeal in the Madras high court. After granting an interim stay in February, the court in July 2012 said a chargesheet had not been filed against the driver. It then directed the superintendent of police, Kancheepuram to investigate and file a report.

On March, 5, 2014, the district crime branch submitted its report stating the wives of the victims had made a false complaint. The report also said the police had filed a chargesheet against the owner of the auto, the auto driver, the wives and the police inspector on charges of fraud. There was a collusion between the accused to defraud the insurance company, said the report, adding while the owner had been arrested, others remained absconding.

Explaining the "apparent fraud," Justice S Manikumar said the forensic department had said the injuries were severe and could not have been caused by an auto. The auto involved in the accident was sold four days after the accident and found to be fit by RTO authorities. As such there was a nexus between the accused who "played a fraud in making a bogus claim" and "roped in the auto."

Rapping the tribunal for allowing the claim, the court said "it is the duty of the tribunal to examine the evidence thoroughly..." The court slapped the two women with a fine of 10,000 each and rejected their plea to file a special leave petition in the Supreme Court against its order.

There was a nexus between the accused who "played a fraud in making a bogus claim" and "roped in the auto.

Article referred: http://timesofindia.indiatimes.com/City/Chennai/Court-fines-women-who-faked-evidence-to-get-accident-claim/articleshow/37226093.cms

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...