HC rejects insurance company's plea over police action in cheating case

The Madras High Court Monday declined to restrain the city police from pulling up the head honchos of Cholamandalam MS General Insurance Company who have been accused of cheating.

Justice N Anand Venkatesh rejected a plea from the company for a court direction to not harass its employees over a case of cheating registered by the Central Crime Branch (CCB).

An FIR was filed following a complaint from the owner of a Jaguar car against the insurer for failing to give compensation for the damage caused to his vehicle during the Kerala floods in August last.

When the case came up for hearing, the judge clarified that once an FIR was filed, the court cannot grant such relief and that the petitioner can only approach the court concerned to seek anticipatory bail.

The matter relates to an insurance claim plea of Sunpark Global Impex, which owns the car.

According to the claim, the vehicle got damaged during the Kerala floods.

The claim was made for Rs 43 lakh.

However, based on doubts with regard to the occurrence of the loss in the flood and the fact that the ownership of the car was transferred to another person, the company rejected the claim.

Aggrieved, the car owner lodged a complaint with the CCB for offences under section 420 of IPC against the insurer.

Now, claiming that the dispute is a simple damage claim under a contract of insurance which is civil in nature, the petitioner has moved the court contending that failure on part of the insurer to settle the claim cannot be the subject matter of such a criminal complaint.

We are not satisfied with the truth of the claim.

We have reasons to believe that the vehicle which was already damaged in Chennai floods on December 2, 2015 may be used for a fresh claim as if damaged in Kerala floods on August 16, 2018. The wreck appears to be used as a wreck without repairs," the company said.