Effect on claim petition -- Deceased slipped/skidded from the motorcycle and it is the consistent stand of the relatives that there is no criminal intent -- However, after two days, when the patient died, the theory of involvement of the offending vehicle was coined and the same has been proved before the Tribunal -- However, when the case came up before the Criminal Court, the same very eye witness turned hostile so that the accused-driver is not put to any harm and thus cleverly the insurer of the offending vehicle has been made to be held liable to pay the compensation in the instant case – Held, there is a massive increase in such like cases of fraud -- High Court in its supervisory role has the onerous duty to cleanse the lower Courts of such fraudulent acts -- Appeal filed by the Insurance Company is allowed -- Claim petition filed by the claimants is dismissed -- Superintendent of Police is directed to investigate the matter and initiate the appropriate proceedings.
(P&H HC) Decided on: 04.03.2016
