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

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.