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Patna High Court · body

2006 DIGILAW 362 (PAT)

Divisional Manager,National Insurance Company Ltd. v. Mahawa Devi

2006-04-21

NAVANITI PRASAD SINGH

body2006
Judgment 1. Heard Mr. Ashok Priyadarshi, learned counsel appearing for the Insurance Company. 2. This revision application is directed against the order of the Motor Accident Claims Tribunal. It appears that the claim was lodged before the Tribunal alleging that two persons were killed as a consequence of a motor accident. Notice being issued the owner of the vehicle appeared and filed his rejoinder clearly stating that the claim was totally false and baseless. He alleges that even in the newspaper the accident was reported not as a consequence of motor accident and a totally unrelated accident not involved in motor vehicle. It was also stated that the police has also accordingly registered a case and investigating. As such, he has denied his liability in any manner. Thereafter, an application by the Insurance Company was filed in the Tribunal. In the said application based on the averment made by the vehicle owner an unwarranted plea was taken that the case be ordered to be investigated by C.B.I. even though they were fully aware that pursuant to the F.i.R. having been lodged the police has now undertaken investigation which was pending. This application was rejected by the Tribunal clearly noticing that police investigation is already pending and as such, no further order need be passed. The Insurance Company being aggrieved has filed this revision application. 3. On the face of it, is not only misconceived it is frivolous and pure wastage of time and money of all concern. Police investigation admittedly being pending, I do not understand nor appreciate the prayer of the Insurance Company for C.B.I. investigation. The facts do not warrant nor the law authorises such investigation. It may be a case of Insurance fraud. The police is investigating. 4. I see no merit and dismiss this application accordingly.