Pune: A Motor Accident Claims Tribunal (MACT) in Pune has flagged the “planting” of a motorcycle in a fatal accident claim and directed the Pune district superintendent of police (SP) to consider initiating action against police personnel and the vehicle owner for such an act, while dismissing the claim.MACT member Hanmant M Bhosale in an order on April 17 cited concerns expressed by higher courts over fraudulent claims.The claim was filed by the widow of a 45-year-old man, who died during treatment four days after a road accident on Nov 16, 2020, in Wada village under the Khed police area. She sought compensation under the Motor Vehicles Act, alleging that her husband was hit by a motorcycle driven rashly and negligently.The insurance company contested the claim, stating that the vehicle had been planted and that the case was in the nature of a hit-and-run by an unknown vehicle.The tribunal held that the petitioner failed to establish negligence or involvement of the motorcycle. It noted that no witness was examined and the case rested largely on police records and statements attributed to the deceased. It further observed that the accident occurred at night and involved a rear impact, making identification of the rider or vehicle number doubtful.The tribunal also recorded discrepancies in the vehicle details, noting that an earlier number in police records was later changed without explanation. The FIR, lodged about 25 days after the accident, was held to be inadequately explained. On these aspects, the tribunal observed that the case appeared to be an “afterthought” and that the motorcycle was allegedly “planted”, while accepting that the accident was caused by an unknown vehicle.The tribunal also referred to observations of the Supreme Court in Safia Ahmad vs ICICI Lombard General Insurance Co Ltd, noting that the apex court had taken note of the tendency of filing false or fraudulent motor accident claims and issued directions in that regard.
