IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Twenty Fourth day of January Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice N. ANAND VENKATESH

CRIMINAL ORIGINAL PETITION Nos.2302 & 4174 of 2021

and

Crl.M.P.No.13952 of 2021

CHOLAMANDALAM MS GENERAL INSURANCE [PETITIONER IN CRL.OP.2302/2021 &

COMPANY LTD, CRL.M.P.No.13952/2021 ]
REP.BY A.SRINIVASAN

M/S. THE NEW INDIA ASSURANCE [PETITIONER IN CRL.OP.4174/2021]

COMPANY LIMITED.,
REP.BY ITS REGIONAL MANAGER,
M.V.CHANDRASEKAR,

Vs

1 DIRECTOR GENERAL OF POLICE [RESPONDENTS IN CRL.OP.2302/2021]

DR.RADHAKRISHNAN SALAI, & CRL.M.P.No.13952/2021 ]
MYLAPORE, CHENNAI-600 004.

2 DEPUTY INSPECTOR GENERAL OF POLICE,

CRIME BRANCH, NO.132, COMMISSIONER
OFFICE BUILDING, EVK SAMPATH ROAD, VEPERY,
PERIYAMET, CHENNAI-600 007.

3 THE SUPERINTENDENT OF POLICE

CBCID, SIDCO INDUSTRIAL ESTATE,
GUINDY, CHENNAI-600 032.

4 STATE CRIME RECORDS BUREAU

ADDITIONAL DIRECTOR GENERAL OF POLICE,
NO.95, GREENWAYS ROAD, MRC NAGAR,
RAJA ANNAMALAI PURAM, CHENNAI-600 028.

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 (*)5 THE SECRETARY,
TAMILNADU STATE LEGAL SERVICES AUTHORITY.

(*) R5 IS SUO-MOTU IMPLEADED AS PER ORDER IN CRL.O.P.No.2302 & 4174

OF 2021, DATED 24/01/2022.

1 THE DIRECTOR GENERAL OF [RESPONDENTS IN CRL.OP.4174/2021]

POLICE,, HEAD OF POLICE FORCE,
MYLAPORE, CHENNAI - 600 004.

2 THE ADDITIONAL DIRECTOR GENERAL OF POLICE,

CBCID, CHENNAI - 600 008.

3 THE COMMISSIONER OF POLICE,

GREATER CHENNAI POLICE, VEPERY,
CHENNAI - 600 007.

4 THE DEPUTY COMMISSIONER OF POLICE,

CCB/METRO, GREATER CHENNAI POLICE,
VEPERY, CHENNAI - 600 007.

Petitions praying that in the circumstances stated therein the

High Court will be pleased to

(i)direct the respondents to constitute a Special Investigation

Team preferably headed by a Retired Judge of this Honble Court in
terms of petitioner’s petition dated 12.01.2021 and to investigate
into the complaints stated in the said representation and to take
action in accordance with law.(IN CRL.OP.2302 OF 2021)

(ii)transfer the investigation of fake policy complaints of the

petitioner company dated 16.03.2018 in C.No.359/CCB/visitors/2018 on
the file of the 3rd respondent to Special Investigation Team to be
constituted as per the order of his Honble Court dated 09/02/2021 in
Crl.OP.No.2302/2021 and investigate, file the final report before the
court concerned within stipulated time.(IN CRL.OP.4174 OF 2021)

(iii) direct reference of the issues relating to fake/fabricated

hospital records and medical bills alluded to in this petition and
into the role of ambulance drivers, private hospitals and several
others involved int he scam of literal buying and selling of
accidents victims as if a product of trade of commerce and making
money out of such unlawful abs illegitimat act transactions to also
be investigated by the same Special Investigation Team (SIT) under
Additional Director General of Police, Economic Offences Wing,

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 Chennai now in place and functioning vide orders dated 09.02.2021 and
22.03.2021 in Crl.O.P. 2302/2021 for appropriate consideration and
take them to their logical conclusion in accordance with law.
(CRL.M.P.No.13952/2021)

Order : These petitions coming on for orders upon perusing the

petitions and upon hearing the arguments of M/S N.VIJAYARAGHAVAN
Advocate for M/S.N.P.VIJAY KUMAR (IN CRL.OP.2302 OF 2021 &
CRL.MP.13952/2021) M/S. J.CHANDRAN Advocate (IN CRL.OP.4174 OF 2021)
for the petitioner and of MR.V.J.PRIYADARSANA, Govt. Advocate
( Crl. Side) (IN BOTH THE PETITIONS) on behalf of the Respondents the
court made the following order:-

When the matter was taken up for hearing today, the learned
Government Advocate (Criminal Side) filed the status report of the
Assistant Inspector General of Police, Law and Order, Chennai and
sought for some more time to complete the enquiry and to file a
report pursuant to the orders passed by this Court on 10.12.2021.

2. It is seen from records that insofar as Crl.O.P.No.2302 of

2021 is concerned, there are totally 84 claims which has been
furnished by way of filing a separate application in Crl.M.P.No.13952
of 2021. All these claims were pending before the ADJ, Hosur or
before the PSJ, Hosur. Surprisingly, all these claims were dismissed
as not pressed during the year 2019. This is not merely coincidental
and it is more a knee-jerk reaction after complaints were made to the
effect that claims have been filed with false and fabricated medical
and hospital records of Cavery Hospital, Hosur. It is not clear as to
whether the concerned Judges before dismissing the 84 claims as not
pressed, even conducted any preliminary enquiry to ascertain as to
why so many claims are not pressed. It is also not known as to
whether these claims have been not pressed with the knowledge of the
concerned claimants. The 84 cases have been dismissed as not pressed
only based on the endorsement made by the learned counsel who were
appearing on behalf of the claimants.

3. The petition filed in Crl.M.P.No.13952 of 2021 along with all

the relevant documents was also served on the learned Government
Advocate and the learned Government Advocate was directed to instruct
the Police to conduct the enquiry and to report. The status report
filed today seeks for some more time to complete the enquiry and to
file a report.

4. This Court has no difficulty in granting some more time to the

respondent-police to complete the enquiry and file a report. However,
in the meantime, a process must be undertaken to ensure that the
claims were not pressed only based on instructions from the
claimants. It must also be ensured that by withdrawing the claims,
the parties/advocates do not escape the consequences of filing false
and fabricated medical/hospital records that is said to have been

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 obtained from Cavery Hospital, Hosur. In view of the seriousness of
the allegations made in the present case to the effect that a total
of Rs.11.70 Crores was claimed in 84 cases filed based on
fabricated/false medical/hospital records and a complaint was also
made by the Cavery Hospital, Hosur in CSR No.71 of 2019 before the
Hosur Police Station which is said to have been closed as Action
dropped, and in view of the fact that the claims came to the
withdrawn as not pressed subsequently, this Court wants to probe into
this issue thoroughly and safeguard the interest of the genuine
claimants and take action against the erring parties, officers and
advocates who may be involved in this scam. For this purpose, this
Court also wants to Suo Motto implead the Secretary, Tamil Nadu State
Legal Services Authority as a party to the proceedings to help the
cause of the genuine claimants. Accordingly, the following directions
are issued:-

(a) The Secretary, Tamil Nadu State Legal Services Authority is

Suo Motto added as the 5th respondent in the Crl.O.P.No.2302 if 2021
and Mr.C.K.Chandrasekaran, learned standing counsel is directed to
take notice on behalf of the Tamil Nadu State Legal Services
Authority. The learned counsel for the petitioner shall serve all the
papers on the learned standing counsel;

(b) There shall be a direction to the respondent-police to

continue with the enquiry and a report shall be filed before this
Court before the next date of hearing. While conducting the enquiry,
the grievance that is expressed by the New India Assurance Company
Limited in Crl.O.P.No.4174 of 2021 shall also be taken into
consideration and a separate report shall be filed with regard to
those complaints made by the said insurance company;

(c) The Secretary, Tamil Nadu State Legal Services Authority is

directed to co-ordinate with the District Legal Services Authority
and the claimants who have made the claims in the 84 MCOPs shall be
summoned and enquiry shall be conducted to find out if the claims
were not pressed after getting their concurrence. While conducting
the enquiry, the Legal Services Authority shall also identify genuine
claims and report it to the concerned insurance companies. For this
purpose, the Legal Services Authority shall co-ordinate with the
learned counsel for the petitioner;

(d) The Legal Services Authority will be incurring some expenses

for summoning the various claimants and hence, this Court deems it
appropriate to direct Cholamandalam MS General Insurance Company
Limited to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) in
this regard before the Tamil Nadu State Legal Services Authority
within a period of two weeks from today. This amount shall be shared
by all the insurance companies handling Motor Insurance Policies;

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 (e) Wherever the State Legal Services Authority identifies
genuine claims and reports the same before the concerned insurance
companies, steps shall be taken to make an attempt and settle the
claims. The learned counsel for the petitioner shall co-ordinate in
this regard with all the concerned insurance companies. This will
save a lot of time and the genuine claimants will also get Just
compensation;

(f) The 84 cases which are annexed along with the order is
directed to be restored on file by the respective Additional District
Judges and Principal District Judge at Hosur. This direction is
issued in exercise of the powers of this Court under Article 226 and
227 of the Constitution of India in order to safeguard the larger
interests of the claimants. In all the 84 cases, the State Legal
Services Authority in co-ordination with the District Legal Services
Authority shall appoint Panel Advocates to represent the claimants.
This will ensure that in all those cases where the parties are able
to arrive at a settlement and just compensation is fixed, an award
can be passed by recording the compromise. In all those cases where
there is a contest, the claimants will be ably assisted by the Panel
Advocates to safeguard their rights and interests. If ultimately, it
is found that fabricated/false records were filed before the Court,
it will enable the Court to initiate action in the concerned MCOP
cases;

(g) The Secretary, Tamil Nadu State Legal Services Authority is

also directed to file a report before this Court during the next date
of hearing; and

(f) In the additional affidavit filed in Crl.O.P.No.2302 of 2021,

it is stated at paragraph Nos.5 to 7 as follows:

'4. In fact, there is a concerted conspiracy from the moment an

accident takes place. While, it is a matter of common knowledge that
there are teams comprising brokers who handle such claims and there
are specialized practitioners, pursuing claims for compensation, the
modus operandi appears to be skilled and well entrenched to cause
serious prejudice to all important stake holders.

5. There are several instances of even 108 Ambulances being

driven to a private hospital, very nearly hijacked, one can say,
after recording Accident Register copy in a government hospital, for
the record. This has a critical and detrimental impact on trauma
care, during the "Golden Hour" in the treatment to victims.

6. There are several instances of delay and as such the State of

Tamil Nadu has come up with TAEI (Tamil Nadu Accident and Emergency
Care Initiative) with trauma care centers on the high ways. They
cater to the affected with excellent infrastructure support in saving
lives by providing immediate and specialized trauma care.'

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 The special investigation team is directed to enquire the
concerned officials of TAEI and their statement shall also be
recorded and follow up action shall be taken and the same shall also
form part of the report to be filed by the respondent-police.

5. Post this case under the caption "For Filing Report and For
Passing Further Orders" on 04.04.2022.

-sd/-
24/01/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 DIRECTOR GENERAL OF POLICE

DR.RADHAKRISHNAN SALAI,MYLAPORE, CHENNAI-600
004.

2 DEPUTY INSPECTOR GENERAL OF

POLICE, CRIME BRANCH, NO.132, COMMISSIONER
OFFICE BUILDING, EVK SAMPATH ROAD, VEPERY,
PERIYAMET, CHENNAI-600 007.

3 THE SUPERINTENDENT OF POLICE

CBCID, SIDCO INDUSTRIAL ESTATE, GUINDY,
CHENNAI-600 032.

4 STATE CRIME RECORDS BUREAU

ADDITIONAL DIRECTOR GENERAL OF POLICE, NO.95,
GREENWAYS ROAD, MRC NAGAR, RAJA ANNAMALAI
PURAM, CHENNAI-600 028.

5 THE SECRETARY,
TAMILNADU STATE LEGAL SERVICES AUTHORITY,
CHENNAI.

6 THE DIRECTOR GENERAL OF POLICE

HEAD OF POLICE FORCE, MYLAPORE, CHENNAI -
600 004.

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 7 THE ADDITIONAL DIRECTOR
GENERAL OF POLICE, CBCID,
CHENNAI - 600 008.

8 THE COMMISSIONER OF POLICE,

GREATER CHENNAI POLICE, VEPERY,
CHENNAI- 600 007.

9 THE DEPUTY COMMISSIONER OF

POLICE, CCB/METRO, GREATER CHENNAI POLICE,
VEPERY, CHENNAI - 600 007.

10 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

11 THE SECTION OFFICER,

CRIMINAL SECTION,
HIGH COURT, MADRAS.

12 SPECIAL INVESTIGATION TEAM (SIT)

UNDER ADDITIONAL DIRECTOR GENERAL OF
POLICE, ECONOMIC OFFENCES WING, CHENNAI-600 008.

13 THE ASSISTANT INSPECTOR GENERAL OF POLICE,

LAW AND ORDER, CHENNAI.

14 THE ADDITIONAL DISTRICT JUDGES AND

PRINCIPAL DISTRICT JUDGE, HOSUR.

CC to M/S.N.P.VIJAY KUMAR Advocate on payment of necessary

charges

CRL OP.Nos.2302 & 4174 of 2021

&
CRL MP.13952/2021

Date :24/01/2022

RW 25/01/2022

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