Madras high court notice to DGP on re-investigation plea

Chennai: Madras high court has ordered notice to DGP on a petition from a private insurance company, which sought re-investigation on an alleged fabricated FIR relating to a motor accident case, based on which the legal heirs of the deceased filed three separate claim petitions before the tribunals in Chennai and Thiruvallur.

Justice M.S. Ramesh ordered notice, returnable by two weeks, to the DGP on a petition filed by Cholamandalam MS General Insurance Company Limited in Chennai.

According to petitioner, in the course of its business, it received three motor accident claims for the death of the same victim K. Mohan in an accident allegedly involving a lorry on February 9, 2017.While the wife and two sons of the deceased filed these three petitions, claiming ' 42.35 lakh, '35 lakh and '50 lakh, in its enquiry, it was found that the lorry TN-19 AA 2682 was involved in accident dated February 4, 2017 covered by an FIR registered by Chrompet police and the driver of the lorry A. Narayanan was badly injured and undergoing treatment at a hospital. In respect of damages, vehicle damage claim was made and the claim was settled by the petitioner insurer for Rs 15.69 lakh on June 19, 2017 for repairs and as such the lorry was not in use on road on February 9, 2017. It was shocking to receive summons in three MCOP claims based on a different version of the same FIR filed as copies before the Tribunals in Chennai and Thiruvallur, by three different advocates, claiming compensation, as if the lorry was involved in the accident on February 9, 2017, the company added.

The company said there were two FIRs for the same accident-the copies filed before the Tribunal were stated to be certified copies issued-said to have been certified “for sub-inspector of police, Somangalam Police Station”. Persons guilty of indulging in such fraudulent act deserve to be identified and proceeded against to ensure that such acts were not repeated. The persons guilty of fabricating a second/similar FIR were guilty of serious cognizable offences.

Therefore, it lodged a complaint with the Superintendent of Police, Kancheepuram. But no FIR appears to have been registered. Therefore, the company filed the present petition to direct the police to conduct re-investigation on the FIR and to punish all the persons guilty of serious cognizable offences as made out in the complaint dated November 25, 2017, the company added.