Thane: Tribunal dismisses false accident claims filed by 2 brothers

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 claimMACT member H M Bhosale in the October 6 order which was made available on Saturday also imposed a cost of Rs 3000 each on the two brothers Avinash Arjun Chikhale and Devesh Arjun ChikhaleThe 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 motorcycleAt 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 treatedThey claimed a compensation for the injuries and treatment Both of them told the tribunal that they were employed Avinash then aged 19 earned Rs 8000 per month while Devesh aged 23 earned Rs 12000 per monthAlso read Rahul Gandhi should think before speaking against Savarkar says Manisha KayandeThe respondents in the case were the owner of the offending tempo which the petitioners claimed to have hit them and the vehicles insurerThe tempo owner did not appear before the tribunal hence the matter was decided exparte against himThe insurance company told the tribunal that the tempo was planted in the claim to get the benefitIt 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 runThe insurer submitted that the petition before the tribunal is not maintainableIt also contended that the FIR was lodged 112 days after the accident The police have not recorded the statement of independent witnessesThe medicoshylegal 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 claimedThe 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 dismissedThe MACT imposed a cost on the petitioners so that no such false claim should be presented before the tribunalThis 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 saidThe 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 saidThe 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 subinspector and a hawaldarThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever