MACT member H M Bhosale, in the October 6 order which was made available on Saturday, also imposed a cost of Rs 3,000 each on the two brothers, Avinash Arjun Chikhale and Devesh Arjun Chikhale
Representative image. Pic/Istock
The Thane Motor Accident Claims Tribunal (MACT) has dismissed "false and frivolous" accident claims filed by two brothers and ordered action against a tempo driver and two policemen who assisted the petitioners in filing of the claim.
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MACT member H M Bhosale, in the October 6 order which was made available on Saturday, also imposed a cost of Rs 3,000 each on the two brothers, Avinash Arjun Chikhale and Devesh Arjun Chikhale.
The brothers in their petition informed the tribunal that on September 1, 2017, they were returning home in Virar town of neighbouring Palghar district in Maharashtra from Sakhlewadi on a motorcycle.
At a turn near Aptagaon in Panvel town of adjoining Raigad district, a tempo coming from the opposite direction dashed against their vehicle. As a result, they fell and suffered injuries for which they were treated.
They claimed a compensation for the injuries and treatment. Both of them told the tribunal that they were employed. Avinash, then aged 19, earned Rs 8,000 per month while Devesh, aged 23, earned Rs 12,000 per month.
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The respondents in the case were the owner of the offending tempo, which the petitioners claimed to have hit them, and the vehicle's insurer.
The tempo owner did not appear before the tribunal, hence the matter was decided ex-parte against him.
The insurance company told the tribunal that the tempo was "planted" in the claim to get the benefit.
It is contended that as per the statement of Avinash recorded by police, some unknown vehicle dashed against their motorcycle. This is a clear case of 'hit and run'.
The insurer submitted that the petition before the tribunal is not maintainable.
It also contended that the FIR was lodged 112 days after the accident. The police have not recorded the statement of independent witnesses.
The medicolegal certificates relied by the petitioners nowhere show that they were admitted with the history of road traffic accident. The disparity in the time of accident and admission in the hospital shows the offending vehicle has been "planted", the insurance company claimed.
The tribunal in its order said "having regard to the aforesaid reasons, it is needless to state that the petitioners have not sustained injuries as a result of dash given by the offending tempo. They fell down from the motorcycle as Devesh lost control. Therefore, the petitioners are not entitled for compensation and the claim petitions deserve to be dismissed."
The MACT imposed a cost on the petitioners so that no such false claim should be presented before the tribunal.
"This is a social legislation. It is the duty of everyone to see that only bona fide and genuine claims should come before the tribunal," the order said.
"The tendency to file a false claim is not only harmful to insurance companies, but it is a stigma on the institution in entertaining and dealing with such false claims. If such a tendency is allowed to develop or grow, it will certainly damage the image of the institution in eyes of the society," it said.
The tribunal said a copy of this judgement shall be forwarded to Superintendent of Police, Raigad district, with a request to take necessary action against the tempo owner and to initiate departmental action against a police sub-inspector and a hawaldar.
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