Icici Lombard General Insurance ... vs State Of Karnataka on 2 March, 2020

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Karnataka High Court

Icici Lombard General Insurance ... vs State Of Karnataka on 2 March, 2020

Bench: B.M. Shyam Prasad

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          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 2ND DAY OF MARCH 2020

                      BEFORE

     THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD

            WP NO.109878 OF 2017 (GM/RES)

BETWEEN

ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
2ND FLOOR,BELLAD BUILDING
GOKUL ROAD,HUBBALLI-580029
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
                                   ... PETITIONER
(BY SRI. S K KAYAKAMATH, ADV.)

AND

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS
      PRINCIPAL SECRETARY
      VIDHANA SOUDHA, BENGALURU
      DEPARTMENT OF HOME

2.    STATE OF KARNATAKA
      HOME DEPARTMENT
      VIDHANA SOUDHA
      BENGALURU
      REPRESENTED BY IT CHIEF SECRETARY

3.    THE DIRECTOR GENERAL OF POLICE
      OFFICE OF DGP
      NRUPATUNGA ROAD
      BENGALURU
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4.   INSPECTOR GENERAL OF POLICE
     MILLER TANK BUND ROAD
     HIGH GROUND VASANTH NAGAR
     BENGALURU-560052

5.   INSPECTOR GENERAL OF POLICE
     EASTERN RANGE
     DAVANAGERE

6.   THE SUPERINTENDENT OF POLICE
     S.P. OFFICE,C-BLOCK
     DEVARAJ URAS ROAD
     DAVANAGERE
     DIST: DAVANAGERE

7.   THE SUPERINTENDENT OF POLICE
     S.P. OFFICE, HAVERI DIST: HAVERI

8.   THE COMMISSIONER OF POLICE
     HUBBALLI, DHARWAD
     NAVANAGAR, HUBBALLI

9.   KARNATAKA MEDICAL COUNCIL #16/6
     MILLER TANK BUND ROAD
     VASANTH NAGAR,BENGLAURU
     KARNATAKA-560052
     REPRESENTATED BY ITS SECRETARY

                                   ... RESPONDENTS
(BY SMT.VEENA HEGDE, AGA FOR R1 TO R8;
     NOTICE TO R9 IS DISPENSED WITH)

     THIS WRIT PETITION IS FILED UNDER ARTICLE
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO BE PLEASED TO EXERCISE ITS UNEQUIVOCAL
EXTRAORDINARY   JURISDICTION   AND    WRIT   OF
MANDAMUS BE ISSUED DIRECTING THE RESPONDENTS
NO.1 TO 8 TO CONSTITUTE A SPECIAL INVESTIGATION
TEAM FOR THE PURPOSE OF INVESTIGATION OF THE
                             3




FRAUDULENT MOTOR ACCIDENT CLAIMS AND CRIMINAL
COMPLAINTS INVOLVED THEREIN IN THE FIELD OF
INSURANCE AND ETC.,

    THIS WRIT PETITION COMING ON PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:

                          ORDER

The petitioner is an insurance company, and this writ petition is filed for direction to the different authorities, including the Principal Secretary, Department of Home, Government of Karnataka to constitute a Special Investigation Team inter alia for the purpose of investigating fraudulent claims filed under the provisions of the Motor Vehicles Act, 1988 and the Workmen Compensation Act, 1923 based on the false Wound Certificate issued by some of the institutions to aid such filing and after lodging false information with the police authorities.

2. The fulcrum of petitioner's case is that a number of false claim petitions are filed relying upon 4 the medical records that are fraudulently obtained, and registration of information about asserted road accidents that are not properly investigated by the police authorities. The petitioner relies upon the finding by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.1110/2017 between Safiq Ahammad V/s. ICICI Lombard General Insurance Company Limited and others wherein, the Hon'ble Supreme Court, while upholding the constitution of a Special Investigation Team, has observed that the initiation of false claim petitions under the Workmen's compensation Act has reached alarming situations in the State of Uttar Pradesh and similar situation cannot be ruled out in the Union of territories and other States of the Union.

3. However, the learned counsel for the petitioner does not controvert the submission by the 5 learned AGA that the present writ petition is filed even without a representation to the concerned authorities.

4. This Court, on hearing the learned counsel for the petitioner and the learned AGA, is of the considered opinion that it would be not only just but also reasonable to dispose of the writ petition reserving liberty to the petitioner/insurance company to make appropriate representation to the concerned authorities requesting the authorities to consider the petitioner's request for constitution of a Special Investigation Team in accordance with the decisions of the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.1110/2017 with liberty to the petitioner to file appropriate writ petition in the event the authorities do not consider such representation.

The writ petition is accordingly disposed of.

Sd/-

Vb/-                                    JUDGE

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