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2004 DIGILAW 295 (AP)

New India Assurance Co. Ltd. v. Dasari Vijaya

2004-03-10

L.NARASIMHA REDDY

body2004
L. NARASIMHA REDDY, J. ( 1 ) THIS case discloses the ugly developments that are taking place in the field of submission of claims under the Motor Vehicles Act. The menace of ambulance chasing has manifested itself in its true form. ( 2 ) AN accident took place on 8. 11. 2002 at Dhavaleswaram, East Godavari District involving vehicle bearing No. AP 37t 4327. One Mr. Dasari Nageswara Rao died in the said accident. O. P. No. 210 of 2003 was filed by one Smt. Dasari Prabhavathi @ nelapudi Prabhavathi, the seventh respondent herein, in the Motor Accidents claims Tribunal-cum-II Additional District Judge, Rajahmundry claiming compensation on account of death of Sri Nageswara Rao and for injuries said to have been sustained by her. O. P. No. 211 of 2003 was filed in the same Tribunal by the seventh respondent herself as well as respondents 3 and 6, who are said to be the son and mother of the deceased, respectively. ( 3 ) A third claim was made by Smt. Dasari Vijaya, first respondent herein and her two children i. e. respondents 2 and 3, by filing O. P. No. 377 of 2003 before the motor Accidents Claims Tribunal-cum-II Additional District Judge, Eluru. The insurance company, the first petitioner herein is common respondent in all the three O. Ps. This Tr. C. M. P. is filed seeking transfer of O. P. No. 377 of 2003 on the file of Motor Accidents Claims Tribunal-cum-II Additional District Judge, eluru to the Court of Motor Accidents Claims Tribunal-cum-II Additional District judge, Rajahmundry to be tried along with O. P. Nos. 210 and 211 of 2003. ( 4 ) AFTER receiving the notices, all the respondents entered appearance. The seventh respondent, the sole claimant in O. P. No. 210 of 2003 and the first claimant in o. P. No. 211 of 2003, filed counter-affidavit stating that she has never been the wife of late Dasari Nageswara Rao and, in fact, she is the wife of Nelapudi nageswara Rao. It is her case that the third respondent is not her son, nor sixth respondent is her mother-in-law. She states that an advocate has secured her signatures on some blank papers on the day of accident and that they were used to present a false claim. It is her case that the third respondent is not her son, nor sixth respondent is her mother-in-law. She states that an advocate has secured her signatures on some blank papers on the day of accident and that they were used to present a false claim. She has also stated that she instructed the concerned advocate to withdraw the claims and that a notice in this regard has been issued on 8. 2. 2004. ( 5 ) IT is the handiwork of certain irresponsible and unscrupulous elements in the society that has brought about this unfortunate state of affairs. In their anxiety to make easy money, they did not even verify the proper relationship of the parties. The seventh respondent was shown and branded as wife of the deceased. She states that she has absolutely nothing to do with the deceased and that she is married to someone else. According to her, she came to know about all this mess, only when she was served with notice in Tr. C. M. P. There is no dispute that the third respondent is the son and the sixth respondent is the mother of the deceased. They also figured as parties in O. P. No. 377 of 2003 on the file of Motor Accidents Claims Tribunal-cum-II Additional District Judge, eluru as third claimant and the fourth respondent respectively. This episode discloses the extent to which the courts have become vulnerable. ( 6 ) INASMUCH as the seventh respondent, who is the sole claimant in O. P. No. 210 of 2003 and one of the claimants in O. P. No. 211 of 2003 on the file of Motor accidents Claims Tribunal-cum-II Additional District Judge, Rajahmundry, has taken steps to withdraw the said O. Ps. , the necessity to transfer O. P. No. 377 of 2003 from the file of Motor Accidents Claims Tribunal-cum-II Additional District judge, Eluru does not exist. ( 7 ) HENCE, the Tr. C. M. P. is disposed of directing that the Motor Accidents Claims tribunal-cum-II Additional District Judge, Rajahmundry shall take immediate steps to close O. P. Nos. 210 and 211 of 2003, and if necessary, initiate appropriate action against the persons responsible for such a state of affair.