This Civil Revision Petition has been filed by the second respondent in M.C.O.P.No.207 of 2004, challenging the order passed in I.A.No.46 of 2009 filed for seeking to stay the further proceedings.
2. The petitioner herein is the second respondent in M.C.O.P.No.207 of 2004, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur. The petitioner has filed a complaint in Crime No.37 of 2006, on the file of the Inspector of Police, District Crime Branch, Karur. The application has been filed on the ground that in view of the complaint given, the Tribunal shall not proceed further. It is further stated in the affidavit filed in support of I.A.No.46 of 2009 that the petitioner is taking steps to handover the file to the Central Bureau of Investigation. The Tribunal has dismissed the said application by stating that no particulars have been given about the progress made in the investigation. The Tribunal has also observed that no particulars about the complaint said to have been given in Crime No.37 of 2006 was produced before the Tribunal. Hence, the Tribunal was pleased to dismiss the said application. Being aggrieved against the same, the present Civil Revision Petition has been filed.
3. On a perusal of the copy of the complaint, it is seen that the same has been given in the year 2006, on the file of the Inspector of Police, District Crime Branch, Karur. It is not known as to whether any charge sheet has been filed or not.
4. The learned counsel for the petitioner submit that the Division Bench of this Honourable High Court in a decision in National Insurance Company Limited, Coimbatore Regional Office, CSX Towers, 683-686, Trichy Road, Coimbatore- 600 003 .vs. Director General of Police and 28 others reported in 2006-2-L.W 176 has held that whenever there is a complaint by the Insurance Company about a false case, the said complaint should be directly filed before the Central Bureau of Investigation. It is further observed in the said order that when such filing of the complaint is brought to the notice of the concerned Tribunal, the said Tribunal shall take note of the same before passing orders and in appropriate cases shall record further evidence in order to ascertain the genuineness of the claim.
5. On a perusal of the said order passed by the Honourable High Court, it cannot be said that the mere pendency of the complaint before the Inspector of Police, District Crime Branch, in Crime No.37 of 2006 can be a ground for staying the hearing of the case which has reached the trial stage. However, while deciding the case on merit, the Tribunal is directed to take note of the observations made by the Honourable High Court, while passing its orders.
6. With the above observation, the Civil Revision Petition is dismissed. Consequently, connected Miscellneous Petition is also dismissed. No costs.
vsn To The Motor Accident Claims Tribunal (Chief Judicial Magistrate), Karur.