The SC Bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan has issued warning to the insurance companies while examining a motor accident claim case [National Insurance Company(NIC) Vs K Saravanan] where allegations have been made that a forged insurance policy, supposed to be issued by NIC, had been relied upon in a motor accident compensation case.
New Delhi:The Supreme Court has said time has come when it has to adopt stringent measures to ensure that insurance companies discharge their obligations with due vigilance,particularly as they deal with public funds contributed by policyholders at large.
The SC Bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan has issued warning to the insurance companies while examining a motor accident claim case [National Insurance Company Vs K Saravanan] where allegations have been made that a forged insurance policy, supposed to be issued by NIC, had been relied upon in a motor accident compensation case.
The order by the SC, which was given on Apr 2, has been made available to the public today.
The Court issued the order after questioning the conduct of NIC for not initiating criminal proceedings despite asserting that the policy in question was fabricated.
“Such a stand taken by the insurance company reflects a lack of responsibility and a high degree of casualness on its part. An insurance company, which is liable to satisfy claims arising out of motor vehicle accidents under policies issued by it, is under a corresponding obligation to act with due diligence.’’ said the Court.
“Once it comes to its knowledge, and it is satisfied, that a policy is forged/fabricated and cannot be acted upon to fasten liability upon it, it is incumbent upon the insurance company to inform the appropriate authorities, namely, the police, as the creation and use of such documents constitute an offence. The failure to do so may also give rise to an inference of possible connivance between the parties,’’ the SC warned.
Asking the director general of police(DGP), Tamil Nadu, to constitute a Special Investigation Team (SIT) to investigate the matter and ensure that it is taken to its logical conclusion expeditiously, in accordance with law and with due seriousness.
The array of accused shall include the officers of the insurance company, who were aware of the fraud including those posted at the relevant period(s) in the concerned local branch from which the policy is purported to have been issued/renewed as well as other persons, including the owner of the vehicle and any other person(s) found responsible for the creation of the forged/fabricated policy, instructed the Court.