Madras HC: 7 advocates to be questioned by experts on December 13

Justice P N Prakash on taking stock of the interim report submitted by the expert committee headed by Justice (Retd) K Chandru said, “It is seen that the judge has examined 353 cases and has received responses from as many as 150 advocates/claimants, in all. Interestingly, after coming to know of the enquiry that is being conducted by the judge, around 72 MCOPs, totally valued at Rs 8.90 crore have been either withdrawn or dismissed as not pressed.”

The expert body has culled out from the record, the names of the following advocates against whom immediate actions are necessary, V Velu, Chennai, M Jeevanantham, Trichy, N Azhakiyakumaran, Cuddalore, Ramaa Radhakrishnan, Cuddalore, N Sankar, Vellore, S Natarajan, Gobichettipalayam M Sivamani, Cuddalore.

However, the judge on noting that though the expert body has suggested suspension of the aforementioned advocates from practice, said, “This Court does not want to resort to such an extreme step nor does this Court want to refer their matter to the Bar Council immediately without affording them an opportunity to explain their stance.”

The four public sector insurance companies, viz., United India Insurance Company Ltd., New India Assurance Company Ltd., Oriental Insurance Company Ltd. and National Insurance Company Ltd. were informed about the proceedings pending before the expert body, pursuant to the directions of this Court and they were also advised to conduct enquiries qua duplicate claims pending against them and submit their response to the expert body, despite which, none of those insurance companies has, so far, approached the expert body.

Justice Prakash said, “Perhaps, they too have enough skeletons in their cupboard, which, they do not want the world to know. This Court is of the view that interests of justice will be served if a copy of this order is sent to four public sector insurance companies to conduct in-house enquiries to unearth duplicate claims and it is ordered accordingly.”

The expert committee was appointed after the Court noticed that 353 bogus motor accident claims relating to five private insurance companies, the value of which approximately works out to Rs 60.71 crore have been preferred before various MCOP Tribunals across the state.

It was brought to the notice of this Court that the turf war amongst the practitioners in the MCOP field in the state had gone to such a miserable extent that 55 case bundles of an advocate by name S Thambi, practising in the MCOP field, had gone missing from the MCOP Tribunals in the Small Causes Court, Chennai.