JUDGMENT S.N. Satyanarayana, J. 1. The second respondent - Insurance Company in WCA/NFC-CR-Nos.35 & 36 of 2006 on the file of Commissioner for Workmen's Compensation, Sub-Division-2, Mandya, has come up in these appeals impugning the common judgment dated 21.8.2008 in allowing the aforesaid two claim petitions and awarding compensation to the claimants therein. 2. Brief facts leading to these appeals are as under:- Case of the claimants before the Commissioner is that they were working as loaders in goods tempo bearing registration No.KA-11/2970 belonging to first respondent before Commissioner and insured with second respondent-Insurance Company, appellant herein. According to them, they were employed in the said goods tempo under first respondent for more than 4 years prior to the date of accident i.e., 16.5.2005. According to claimants, the accident is due to rash and negligent driving of tempo by its driver resulting in an accident involving tractor-trailer which was parked on the left side of Mysore - Bangalore Highway. In the said accident they suffered certain injuries hence they filed claim petitions seeking compensation for the injuries suffered by each of them from the owner and insurer of the offending goods tempo in which they were said to be employed. 3. In the proceedings before the Commissioner, on appreciation of oral and documentary evidence available on record, the Commissioner allowed both the claim petitions by awarding compensation in a sum of Rs. 1,57,298/- to claimant Lokesh in WCA/NFC-CR-No.35/06 and a sum of Rs. 1,55,401/- to claimant-Tilakraj in WCA/NFC-CR-No.36/06 and the liability to pay compensation along with interest at the rate of 12% per annum 30 days from the date of order till the date of deposit of entire amount was saddled on the insurer of the offending goods tempo. 4. Being aggrieved by the said common judgment, the second respondent-Insurance Company has come up in these two appeals contending that claimants before the Commissioner were total strangers and they were not inmates of goods tempo at the time of accident and they have not suffered any injuries in the accident as such they were not entitled for compensation. In sum and substance, the contention urged by the learned Counsel for the appellant is that these two claim petitions are false and frivolous based on fraudulent documents. 5. In sum and substance, the contention urged by the learned Counsel for the appellant is that these two claim petitions are false and frivolous based on fraudulent documents. 5. On going through the grounds of appeals and also common judgment impugned, this Court finds that following common substantial question of law arises for consideration in these two appeals:- "Whether Commissioner for Workmen's Compensation properly appreciated the documentary evidence available on record before deciding the right of claimant to seek compensation." 6. Heard learned Counsel for the appellant as well as contesting respondents viz. claimants before Commissioner. Perused the judgment impugned and also lower Court records consisting of pleadings, oral and documentary evidence available on record. On going through the same, this Court answers the aforesaid common substantial question of law in the negative for the following reasons:- 7. In the FIR which is produced and marked in the Court below, it is clearly seen that complaint is lodged by one H.C. Krishne Gowda who is owner of goods tempo bearing registration No.KA11:t:1861-1862. According to him he had parked his tempo on the left side of Mysore-Bangalore Highway near Kemparaju Daba, Halebudanur village. At that time a goods tempo bearing registration No.KA11:2970 came at very high speed driven by its driver in rash and negligent manner and hit against hind portion of his tractor-trailer resulting in damages to the said goods tempo and also trailer portion of tractor trailer belonging to complainant. 8. According to him at the relevant time of accident, there was only one occupant in the tempo by name Rajanna s/o Moganna Shetty who sustained some injuries. Therefore owner of the tractor - trailer immediately took the lone passenger in the tempo i.e. Rajanna to Mandya District hospital, got him admitted there and thereafter went and lodged complaint with the Police on the same day at about 12.15 in the mid night. Based on that complaint FIR came to be registered. Subsequent registration of FIR, several other police documents have come into existence. One of that is Crime Details Form wherein number of persons injured in the accident is stated in page No.2 of the said form which discloses the name of Rajanna son of Moganna Shetty aged about 32 years having suffered injuries in the said accident. Subsequent registration of FIR, several other police documents have come into existence. One of that is Crime Details Form wherein number of persons injured in the accident is stated in page No.2 of the said form which discloses the name of Rajanna son of Moganna Shetty aged about 32 years having suffered injuries in the said accident. Barring his name, there is no reference to any other person traveling in the said goods tempo at the relevant time of accident. 9. When the facts stood as such, how these claimants could claim themselves to be inmates of said tempo at the relevant time of accident and how they could produce documents to show that they have suffered injuries in the said accident is an enigma. The documents which are produced by them in the form of wound certificates are secured by them on 16.6.2005 through one Dr. Ramesh N.T. According to said document each of the claimants have suffered three fractures, which is nothing but false and frivolous document concocted for the purpose of launching a false claim before the Commissioner. 10. With this it is clearly seen that Dr. Ramesh N.T. who is a qualified MS Surgeon (Ortho) having his clinic at No.M-12, I Stage, Udayaravi Road, Kuvempunagar, Mysore-571023, has deliberately issued false wound certificate stating that said injuries are suffered by them in a road traffic accident dated 16.5.2005 involving vehicle bearing registration No.KA11:2970 is nothing but an act of perpetuating fraud for unlawful gain. Therefore this Court holds that any proceedings initiated based on such fraudulent document does not find favour with this Court. 11. It is also seen that when such documents were glaring at the face of the Commissioner for the reason best known to him he has chosen to ignore the same and happily proceeded to award compensation in sums of Rs. 1,57,298/- and Rs. 1,55,401/- as if he is granting largesse from out of his personal pocket. Therefore it is a clear case of collusion between Commissioner for Workmen Compensation, M.V. Lakshmanaswamy, Dr. Ramesh N.T. and the claimants therein. 12. Unless this Court take serious note of this and initiate punitive action against these persons, this kind of false and frivolous claim gets perpetuated burdening the Courts. As a result of this kind of false and frivolous litigation, the Courts are forced to see the genuine cases also with yellow eye. Ramesh N.T. and the claimants therein. 12. Unless this Court take serious note of this and initiate punitive action against these persons, this kind of false and frivolous claim gets perpetuated burdening the Courts. As a result of this kind of false and frivolous litigation, the Courts are forced to see the genuine cases also with yellow eye. Hence, this Court feel that this is right time wherein this Court should take appropriate steps first to punish claimants for launching false claim, then the Commissioner who deliberately allowed such claims and the Doctor who perpetuated fraud in issuing false medical certificates with dishonest intention. 13. Accordingly, both the appeals filed by Insurance Company are allowed. Claim petitions filed by Lokesh and Tilakraj in WCA/NFC-CR-Nos.35 & 36 of 2006, respectively, on the file of Commissioner for Workmen's Compensation, Sub-Division-2, Mandya are dismissed imposing cost of Rs. 5,000/- on each one of them. Registry is directed to initiate appropriate proceedings through Deputy Commissioner of Mandy a to recover the cost from the claimants as if it is arrears of land revenue. 14. Now coming to the involvement of Commissioner for Workmen's Compensation, in normal circumstance he is expected to look into each and every document produced by claimants and after ascertaining genuineness or otherwise of the same, he is expected to allow or dismiss the claim petition. It is clearly seen here that Commissioner is equally responsible for perpetuating fraud in this case. Therefore registry is directed to mark a copy of this judgment to Principal Secretary, Labour Department who shall initiate proceedings against Sri M.V. Lakshmanaswamy in allowing the office of Commissioner for Workmen's Compensation to be misused by fraudulent claims and thereby reducing the status of said office and also supporting the fraudsters and tricksters in securing compensation in false and frivolous claims. Principal Secretary, Labour Department should initiate proceedings within one week from the date of receipt of this order and within 3 months therefrom shall conclude the same and convey the outcome of said proceedings to this Court. 15. Now coming to involvement of Dr. Principal Secretary, Labour Department should initiate proceedings within one week from the date of receipt of this order and within 3 months therefrom shall conclude the same and convey the outcome of said proceedings to this Court. 15. Now coming to involvement of Dr. Ramesh N.T. Registry is directed to send originals of two wound certificates which are marked as Ex.P.5 and Ex.P.6 in the aforesaid proceedings to the Indian Medical Council with a direction to hold an enquiry against the said Doctor in creating false record and also in supporting the claimants therein to maintain false claim against owner and insurer of the offending vehicles, to secure compensation for the injuries which the claimants have not suffered and to initiate appropriate proceedings against him. In view of allowing of the appeal, the amounts in deposit in both the appeals are ordered to be refunded to the appellant - Insurance Company.