Andhra Pradesh
High Court has expressed serious concern over the state of affairs in the road accidents and cases relating to payment
of compensation. In its judgment
relating to a compensation case,(M.JayannaVsRadha Krishna Reddy,2003) the Court expressed horror over the state
of affairs. The Court
observed that insurance companies are
“custodians of public money” and
cases relating to compensation has become sort of “chance game” due to
the shoddy methods of the counsel appearing for the parties, unethical practices of the private medical
practitioners and unprofessional
approach of the police officers handling
accident cases “having scant regard “ for provisions of the Motor Vehicle Act.
Writing the
judgment, Justice B Swamy said that
counsel appearing for the parties
had “poor legal expertise” and never
examined the proper person to prove their case.. Some Judges
were giving compensation at their
whims and fancies, without reference to the law laid down by the superior courts
and applying their mind as to the evidence produced by the claimants reflected
the true facts of the case of case suffers from lack of material particulars.
As per the judgment
the police were not taking minimum care
in investigating the crimes to bring home the guilt of the accused and the
prosecution was conducted for
“statistical purpose” than to control
the increasing crime rate.
Normally the
injured person is treated at the nearest
government hospital and the details of the injury sustained by the claimant is
kept in the case-sheet maintained by
that hospital. “The counsel
appearing for the claimant nor the counsel representing the insurance
companies, do take any care or bother to summon the doctors concerned, who had
in fact treated the injured or the dead person,” the judgment said.
According to the
judgment, private doctors were taking advantage of the situation and “obliging
the persons approaching them with false
medical certificate, knowing fully well that
they have not treated them at any point of time.” It further said that “in the absence of any
proper check on such unscrupulous elements and proper assistance from the
counsel, this count is unable to know whether in fact, the accident took place
at all and whether records placed before the court are genuine or have been
brought into existence with the connivance of the policy, with a view to
embezzle the public monies in the garb
of compensation.”
The Court further
observed that it was not in a position
“to know whether the person approaching the courts and claiming
compensation are the persons who really suffered injuries or they are the real legal heirs of
the deceased persons.” Explaining the
lacunae the Judge said the police who were expected to send the
F.I.R to the concerned Motor Accidents Claims Tribunal within 30 days from the
date of receipt of first information as
well as the charge-sheet along with all relevant documents, after completion of
investigation, as required under Section 158(6) of the Motor Vehicle Act,
1988, “have failed miserably in their
duty” to comply with the statutory provisions.
In the instant case,
the claimant on 10.05.1998, while travelling in a lorry along with his goods,
the lorry turned turtle and he sustained fracture injuries. He claimed to have taken treatment in a
government hospital for eight days.
Instead of brining proof from an orthopedic surgeon, he submitted a
wound certificate issued by the Casualty
Medical Officer. The bills submitted to
support his cost of treatment amounting to Rs.25,000/- some medical bills were submitted and the
date of the bills varied from the period of treatment. Even the name mentioned in the medical bill
did not reflect the name of the claimant.
A doctor
practicing at the Government General
hospital, Kurnool, certified that there
was ” nonunion of medial malleolus and
estimated the disability at 15 to 20 per cent. “ But the doctor had not prescribed any medicines
nor treated the claimant for the condition, which again raised
questions about the authenticity of the
medical certificate, said the judgment.
As the medical certificate was not categorical or conclusive above the nature of disability
i.e., temporary or permanent, the Judge
deemed it appropriate to “consider the
matter afresh” to ascertain the genuineness of the claim.
The case was sent to
the Claim Tribunal for examination of the doctor, who treated the claimant at the Government hospital at Kurnool. Further, the Judge has directed the Inspector General of Police to make it
mandatory requirement to send the F.I.R.
within thirty days, as well as the charge-sheet after completion of
investigation, reflecting facts of the accident as required under the Motor
Vehicle Act, to the Claims Tribunal having competent jurisdiction over the
area, where the accident had taken place.
The Court made in
mandatory for the investigating officer
dealing with the accident to
inform the local field officer of
the insurance company with which the vehicle
involved in the accident is insured so that he can make his-own enquiries about the accident. For that
purpose, all the insurance companies have to furnish the details of their local
Field Inspector to the concerned police station.
The judge said the
Motor Accidents Claims Tribunal hereinafter shall immediately call for the
F.I.R. and see that the investigating officers file the charge-sheets and in
cases where they have not received the
F.I.Rs they shall insist on sending them, as required under Section 158(6) of
the Motor Vehicle Act, 1988 forthwith.
The Court has
directed the Tribunal to keep a watch on the doctors giving evidence in
accident cases and if the doctor “is a
stock witness” matter should be intimated to the Indian Medical Council for
taking suitable action. After a lapse of time if a private doctor treats
any person involved in the accident, he shall maintain the record
relating to the treatment given by him and must justify his action in treating
the patient in the court when summoned to give evidence.
If the claimant has filed the claim petition at his native place, the
concerned Tribunal shall call for the records relating to the investigation
from the Tribunal having jurisdiction over the place where the accident had
taken place.
Disposing
the case, Justice B. Swamy said, “most
of the empanelled advocates in the lower
courts are not representing their cases properly and not taking even
minimum professional care required to
protect their interest with the result
most of the compensation cases are going in favor of claimants and against the respondents.” The judge wondered whether “there is a racket working in the
direction of creating fictitious and non-existent accidents for claiming large
amounts as compensation and defrauding
the insurance companies.”
Third party motor claims refer to the claims of
compensation for injury or death of the driver or passengers in a vehicle, in
case it meets with an accident. It is a
bleeding portfolio for general insurance companies. In 2010, the industry took a hit of Rs.10,250
crores on account of commercial third party motor pool loss, according to
figures published in the IRDA web site.
