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2017 Supreme(Mad) 1911

P.N.PRAKASH
Cholamandalam MS General Insurance Company Ltd. – Appellant
Versus
Inspector of Police Cuddalore OT Police Station Cuddalore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N. Vijayaraghavan
For the Respondent: Mr. C. Emalias Additional Public Prosecutor

ORDER :

1. It all began with this petition filed by a private insurer, M/s. Cholamandalam MS General Insurance Co. Ltd, seeking issue of a direction to respondents 2 and 3 to consider the complaint dated 06/05/2015 filed by the petitioner-insurer for re-investigation of FIR dated 14/05/2010, on the file of the first respondent, alleging fraud and fabrication in pursuing a motor accident claim by falsely implicating the vehicle said to have been insured with the petitioner. The private insurer relied upon a decision of this Court made in WP No.7389/2005, which sought reference of false motor accidents claims to be investigated by Central Bureau of Investigation, New Delhi. The relief in this regard sought by a public sector insurance company, viz., National Insurance Co. Ltd., Coimbatore, was granted and a host of complaints from insurance companies were referred, re investigated, charges framed and decisions taken as a consequence. Thereafter, WP No.7389/2005 was closed by order dated 22/12/2009. However, the Division Bench chose to create a permanent mechanism for such false motor accidents claims/complaints to be reported and investigated by Jurisdictional Crime Branch in these wo













































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