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Take action against 7 lawyers for false accident claims: HC
Observing that the motor accidents claims jurisdiction was ridden with bad and pernicious practices, wherein the victims were literally purchased as chattel, the Madras High Court directed the Bar Council of Tamil Nadu and Puducherry (BCTNP) to initiate disciplinary action against seven advocates who confessed on abusing the beneficial jurisdiction by falsifying claims.
Chennai
The seven advocates – V Velu, M Jeevanantham, N Azhakiyakumaran, Ramaa Radhakrishnan, N Shankar, S Natarajan and M Sivamani – were summoned on charges of filing duplicate claims made in motor accident cases. The expert body headed by Justice (Retd) K Chandru, which was created to offer recommendations to clamp down on such double claims, had sought the suspension of the practice of the seven advocates.
However, directing the Bar Council to deal with it as it deemed fit in its disciplinary jurisdiction in accordance with law, Justice PN Prakash said, “For these advocates to go on record on what is horribly wrong in this jurisdiction is more than sufficient evidence to conclude the need for the expert body to submit further recommendations. In the meanwhile, it is clear that these seven advocates need to face consequences, on their own averments, which has become unavoidable. This court will be failing in its duty if it were to wink at it or ignore it.”
The court directed the Council to complete the entire exercise relating to the disciplinary proceedings against the advocates expeditiously and file compliance report before it. The judge also noted that there were accusations supported by recorded evidence that one or the other was poaching on others’ territory and grabbing clients from the other and even settling claims, of which the claimants were not fully apprised of.
The court was informed that there was every possibility saving a life if the accident victim was given emergency care for 48 hours, but for which a proper mechanism required to be put in place. Then, Justice Prakash directed the Advocate General to arrange a meeting of the Secretaries of the Departments of Home, Finance, Transport and Health, the Director General of Police and other stakeholders and discuss this issue. The AG was asked to file a report on August 1 as to how such a mechanism can be institutionalised in order to save the lives of accident victims.
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