IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.33576-577 OF 2018 (GM-RES) BETWEEN:
1. THE NEW INDIA ASSURANCE CO.LTD., MOTOR THIRD PARTY CLAIMS HUB, M.G.ROAD, BANGALORE-560 001, REP BY ITS MANAGER.
2. THE ORIENTAL INSURANCE CO., LTD., MOTOR THIRD PARTY CLAIMS HUB, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560025 REPRESENTED BY ITS MANAGER (By SRI. C R RAVISHANKAR, ADV.(ABSENT)) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BANGALORE-01.
2. THE INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BANGALORE-01 3. THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD, BANGALORE-560001.
(By SMT. PRATHIMA HONNAPUR, AGA) - - -
… PETITIONERS … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO THE RESPODNENTS TO FURNISH TEH COPIES OF CCTV VIDEO FOOTAGE RECORDED BY THEM, WHENEVER ASKED BY THE INSURANCE COMPANIES TO ENABLE THEM TO DEFEND THE CLAIMS PROPERLY OR SETTLE THE GENUINE CLAIMS; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.C.R.Ravishankar, learned counsel for the petitioners.
Smt.Prathima Honnapura, learned Additional Government Advocate for the respondents.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ order or direction to the respondents to furnish the copies of CCTV video footage recorded by them, whenever asked by the Insurance Companies to enable them to defend the claims properly or settle the genuine claims;
b) Direct all the Hospitals including the private Hospitals/Clinics in the State of Karnataka to maintain the MLC Register (Accident Register) in a format as maintained in NIMHANS, Bangalore;
c) Direct all the Hospitals including the private Hospitals/Clinics in the State of Karnataka to maintain only one such register at a time and in a chronological manner. Once the register is complete it should be preserved in chronological order for long periods as there is no time bar under Limitation Act or Motor Vehicles Act to file a MVC case;
d) Direct all the Hospitals including the private Hospitals / Clinics in the State of Karnataka to keep and store all such completed register properly to facilitate easy retrieval;
e) Direct all the Hospitals including the private Hospitals / Clinics in the State of Karnataka to provide the MLC extract / information to the investigator of the Insurance Company without fail;
f) Direct the police authorities to provide documents namely Insurance policy, RC, FC, permit and DL copy of all the vehicles involved in the accident to the investigator of Insurance Company.
4. When the matter was taken up today, learned Additional Government Advocate submits that in case the petitioners submit a representation with regard to their grievance to the competent authority, appropriate action on the aforesaid representation shall be taken.
5. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with a direction that in case the petitioners submit a representation to the competent authority with regard to their grievance, appropriate action in accordance with law shall be taken on such representation. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV AAJ: W.P.Nos.33576-577 /2018 06.09.2019 ORDERS ON ‘BEING SPOKEN TO’ In the order dated 19.07.2019, the name of Sri. C.R. Ravishankar shall be shown as learned counsel for the petitioners.
This order shall be read in conjunction with the order dated 19.07.2019.
Sd/- JUDGE Mds/-