Ambulance chasing: HC cancels compensation of Rs 16.9 lakh

Compensation claim hid the fact that the victim himself drove a two-wheeler under influence of alcohol and met with accident

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka cancelled the compensation of Rs16.9 lakh awarded to the family of an accident victim after it found that fraud was committed to cheat the insurance company into the part with the money.

The victim was driving a motorbike under the influence of alcohol when he skid and met his death. But compensation was claimed, saying he was riding a pillion and another vehicle caused the accident. The HC said that ‘ambulance chasing’ was adopted in the case.

The division bench of Justice KS Mudagal and Justice Anil B Katti while setting aside the order of a Motor Accidents Claims Tribunal (MACT) awarding the family of the victim the compensation of Rs.16.9 lakh said, “The Hon’ble Supreme Court and this Court time and again have observed that to make wrongful gain in such cases from the Insurance Company, ambulance chasers operate the syndicate of doctors, police officers, motor vehicle inspectors etc. Under such circumstances, the Courts have the responsibility to analyse the evidence on record cautiously and holistically.”

The deceased was Pradeep, a 28-year-old from Tumakuru who met with an accident near Seegepalya village on September 11, 2016. He died at Nimhans Hospital on September 12. His wife, minor children and parents filed for compensation claiming he was riding a bike as a pillion rider.

The cause of the accident was blamed on the rider of the bike, one Ramamurthy, who allegedly drove it rashly and negligently. False claims The Tribunal granted compensation of Rs 16,91,500 which was founded to Rs.16,91,000. Both the victim’s family and the Insurance Company approached the HC against the Tribunal order.

The family sought enhancement of compensation, while the Insurance company claimed that fraud has been played to obtain compensation. Many of the evidences went against the claimants. The Admission Registrar Extract of Nimhans said “RTA – 2 wheeler rider skid and fall under the influence of alcohol.”

The HC also noted that, “In the case on hand, non-examination of claimant No.6 the complainant (younger brother of deceased), non-mentioning of name of PW.2 in the complaint as an eyewitness and the entries in the medical records of the victim that the deceased himself being the rider of the vehicle under the influence of alcohol suffered skid, lend support to the contentions of respondent No.2. The said defence stood probabilised.”

Dismissing the petition of the family members and allowing the petition of the Insurance Company, the HC said, “The finding of the Tribunal that the accident occurred due to rash and negligent riding of the motorcycle by respondent No.1 (Ramamurthy) is liable to be set aside. Though we have all sympathy for the claimants, the claim petition is liable to be dismissed.” The amount deposited was ordered to be transferred to the Insurer