CHENNAI: Touts and an unholy nexus between ambulance-chasing advocates and police have polluted the process of awarding repayment in street coincidence instances, the Madras high court docket has stated and ordered a CBCID probe right into a fraud of 3 FIRs being filed and three separate claims — totalling Rs 1.25 crore – being raised for one street coincidence demise near Chennai.
Ordering Bar council court cases towards legal professionals Murugan, Jeyakumar and Raveendran, and ticking off tout Stephen for the fraud, Justice P N Prakash on Thursday stated: “This blood cash by way of ambulance chasers has now taken the ugly type of a Frankenstein’s monster and I am afraid that, it should, at any time, eat all the judicial gadget, ahead of which, we need to press the alarm bell.”
He also nominated Justice Okay Chandru, a former pass judgement on of the high court docket, to go a committee that will get down and clear the muck surrounding the motor coincidence claims procedure in Tamil Nadu.
Three claims for Rs 1.25 crore received for one street coincidence in Feb 2017
It all started with the demise of a man named Mohan in a street coincidence near Poonamallee in February 2017. After three other claims for Rs 1.25 crore were received for the incident, Cholamandalam MS General Insurance Company Ltd suspected one thing used to be amiss and sought an in depth investigation. Justice Prakash had already ordered a probe into the incident and named an IPS officer to deal with the case.
After an additional inquiry published that just five non-public insurance coverage corporations alone had unearthed 353 duplication of claims, Justice Prakash concluded that the issue required an in-depth probe, as there were 26 motor insurance coverage corporations which may well be scuffling with more fraudulent claims. He also directed the registrar (judicial) of the Madras high court docket to issue a round to all motor injuries claims tribunals in Tamil Nadu to insist on the private look of the claimants or their authorized consultant/s for presenting claim petitions on the first instance. Also, the claimant/s shall report an affidavit on the time of such presentation that that they had now not filed some other claim petition in respect of the similar coincidence.
As for the Justice Chandru committee, Justice Prakash stated: “This court docket is greater than glad that there is a dire need for a professional body to enter all the jurisdiction, identify its pitfalls and counsel solutions to redress them to make sure the purity of the very jurisdiction.”
He asked the committee to examine if replica claims in respect of the similar coincidence were a well-liked phenomenon in the state and if there used to be any proof to indicate that briefs were being sold to counsel for financial attention. The committee may also counsel better access to data referring to motor injuries by way of automated uploading of FIR and other related information that have a bearing on the attention of claims in tribunals, Justice Prakash stated. He also sought after the committee to indicate techniques to advertise a settlement tradition involving insurance coverage corporations in opposition to claims and voluntary deposit of repayment amounts with tribunals to reduce prolong in realisation of repayment.
More importantly, the Justice Chandru committee shall devise techniques of do away with middlemen and make sure inbuilt mechanism for making the repayment simply to be had to households of street coincidence sufferers, stated Justice Prakash. Referring to the criticism lodged by way of recommend S Thambi that 55 instances filed by way of him in different courts of small causes in Chennai had gone lacking, Justice Prakash stated that case too can be tagged in conjunction with the fraudulent claims made towards Cholamandalam, and investigated by way of the CB-CID.
Ordering Bar council court cases towards legal professionals Murugan, Jeyakumar and Raveendran, and ticking off tout Stephen for the fraud, Justice P N Prakash on Thursday stated: “This blood cash by way of ambulance chasers has now taken the ugly type of a Frankenstein’s monster and I am afraid that, it should, at any time, eat all the judicial gadget, ahead of which, we need to press the alarm bell.”
He also nominated Justice Okay Chandru, a former pass judgement on of the high court docket, to go a committee that will get down and clear the muck surrounding the motor coincidence claims procedure in Tamil Nadu.
Three claims for Rs 1.25 crore received for one street coincidence in Feb 2017
It all started with the demise of a man named Mohan in a street coincidence near Poonamallee in February 2017. After three other claims for Rs 1.25 crore were received for the incident, Cholamandalam MS General Insurance Company Ltd suspected one thing used to be amiss and sought an in depth investigation. Justice Prakash had already ordered a probe into the incident and named an IPS officer to deal with the case.
After an additional inquiry published that just five non-public insurance coverage corporations alone had unearthed 353 duplication of claims, Justice Prakash concluded that the issue required an in-depth probe, as there were 26 motor insurance coverage corporations which may well be scuffling with more fraudulent claims. He also directed the registrar (judicial) of the Madras high court docket to issue a round to all motor injuries claims tribunals in Tamil Nadu to insist on the private look of the claimants or their authorized consultant/s for presenting claim petitions on the first instance. Also, the claimant/s shall report an affidavit on the time of such presentation that that they had now not filed some other claim petition in respect of the similar coincidence.
As for the Justice Chandru committee, Justice Prakash stated: “This court docket is greater than glad that there is a dire need for a professional body to enter all the jurisdiction, identify its pitfalls and counsel solutions to redress them to make sure the purity of the very jurisdiction.”
He asked the committee to examine if replica claims in respect of the similar coincidence were a well-liked phenomenon in the state and if there used to be any proof to indicate that briefs were being sold to counsel for financial attention. The committee may also counsel better access to data referring to motor injuries by way of automated uploading of FIR and other related information that have a bearing on the attention of claims in tribunals, Justice Prakash stated. He also sought after the committee to indicate techniques to advertise a settlement tradition involving insurance coverage corporations in opposition to claims and voluntary deposit of repayment amounts with tribunals to reduce prolong in realisation of repayment.
More importantly, the Justice Chandru committee shall devise techniques of do away with middlemen and make sure inbuilt mechanism for making the repayment simply to be had to households of street coincidence sufferers, stated Justice Prakash. Referring to the criticism lodged by way of recommend S Thambi that 55 instances filed by way of him in different courts of small causes in Chennai had gone lacking, Justice Prakash stated that case too can be tagged in conjunction with the fraudulent claims made towards Cholamandalam, and investigated by way of the CB-CID.
HC forms committee to clean up accident claims process
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Reviewed by Kailash
on
July 20, 2018
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