Kunhamina vs Asokan, Chemboolly, The New India Assurance Co. Ltd. and Director General of Police

C.N. Ramachandran Nair, J.—The claim petition in this case was dismissed by the MACT because the FIR was taken fifteen days after the accident. Not only that there is delay in reporting the accident to the Police, but there is total absence of any evidence about admission in the Hospital, nature of injuries, treatment taken etc. However, since the counsel submitted that appellant is an illiterate lady and she will be able to produce the records before this Court, we grant another two weeks time to the appellant to obtain and produce copies of records from the Hospital as well as from the Police Station.

The MACT has doubted genuineness of copy of FIR produced in this case because FI statement is seen recorded by two persons, one by a Police Constable and the other by a Head Constable. Whatever be the genuineness of the claim in this case, we have come across several bogus accident claims reaching the MACT which are either allowed or dismissed. All these happen only because there is no co-ordination between the Police and the Insurance Companies involved and the insured persons owning the vehicles do no report the accident to the concerned Insurance Company. Even though Section 158(6) of the Motor Vehicles Act, 1988 require the Police to forward copies of accident reports to the Claims Tribunals, the provision is seldom seen implemented. Moreover, it is seen that Insurance Companies get independent investigation done on the accident only on receipt of copy of claim petition from the Tribunal. It would be difficult to find out facts at this distance of time because claim cases are filed several months after the accident and in some cases, even an year or two after the accident. In order to prevent bogus claims being pursued against the Insurance Companies, they are entitled to get information from the Police in time and conduct their own investigation on all aspects pertaining to the claim. Since Police is the first authority informed about the motor accidents, we feel information about the accident should reach the Insurance Company without any delay. We, therefore, implead the Director General of Police, Police Headquarters, Trivandrum as additional respondent in this case. At our request, Sri. V.G. Govindan Nair, Director General of Prosecution has taken notice and we have heard his views in the matter. At our request, one of the Standing Counsel Sri. Mathews P. Jacob has taken notice for the New India Insurance Company, the second respondent herein.

The Director General of Prosecution informed us that Police may not be able to get information about the details of Insurance Company which has insured the vehicle involved in the accident. However, he stated that report in terms of Section 158(6) of the Act should be forwarded by the Police to the concerned MACT. Since major Insurance Companies are in the public sector, we feel they will be able to co-ordinate together and appoint independent agencies and assign different regions to such agencies for conducting investigation about accidents on receipt of information from the Police. The second respondent is therefore directed to take up the matter with the other Insurance Companies under the public sector and appoint either their employees or independent agencies in each area covering the whole State and give the address, name of the person concerned and the telephone numbers including the mobile numbers to the Police Station concerned so that immediately on receipt of information about the accidents, either from aggrieved persons or from Hospitals or from any other source, the Police will pass on the information to the person or agency appointed by the Insurance Company for them to conduct enquiry, prepare report and give it to the concerned Insurance Company for them to make use of the same in claim cases reaching the MACT or otherwise for settlement with the party. The Director General of Police will issue instruction to all Police Stations, Traffic Police, Highway Patrol parties etc.,. to pass on information about accidents to the Agency appointed by Insurance Companies immediately on Police receiving the information. If instruction is not followed, the Insurance Company can take up the matter with higher Police authorities for taking disciplinary action against the official concerned. The D.G.P. will immediately issue directions as stated above and file an action taken report in this Court about the steps taken in the matter. Post after three weeks.

Issue copy to D.G.P. and Standing Counsel Sri. Mathews P. Jacob.