Chennai: Those who make fake motor accident claims can face criminal prosecution if they are found to have submitted fake documents, even if the accident cases are closed, dismissed for default or withdrawn, Madras high court has ruled.Justice N Anand Venkatesh clarified the issue while monitoring the investigation into suspected fake motor insurance claims, in which 713 complaints involving policies worth ₹166.27 crore are currently under investigation.The observation came in a long-running case that began after two insurance companies, Cholamandalam MS General Insurance and New India Assurance, approached the high court in 2021 alleging fake motor accident claims and manipulation of documents, including medical bills, used to secure compensation. The allegations initially centred on claims before the Motor Accident Claims Tribunal at Hosur.In the latest order, the court directed the additional district judge and the principal subordinate judge of Hosur to clarify whether the original documents filed in 85 MCOP cases were available in the court records. If any original documents were missing, the courts have been asked to explain the circumstances.The direction followed the court’s July 6 order, in which it recorded that 647 FIRs had been registered and their crime numbers correlated with the respective MCOP cases pending before tribunals across TN. The court had also directed tribunals to independently determine whether an insurance policy was genuine or fake instead of waiting for the outcome of the investigation.The court has also noted in the latest order that the principal subordinate judge, Hosur, had reported that there were no cases pending in that category, while the additional district judge, Hosur, reported that 14 cases had been pending and all had subsequently been dismissed either for default or withdrawal.However, the high court said the closure of the MCOP proceedings did not end the matter if fake documents had been filed. “Even if the cases are closed or dismissed for default or dismissed as withdrawn, if the records filed along with the claim petitions are fake documents,” it could give rise to prosecution, the court said.The police have also written to their counterparts in Andhra Pradesh, Karnataka, Kerala and Puducherry seeking registration of FIRs in cases falling within their respective jurisdictions.Meanwhile, the investigation in Crime No. 247 of 2024, involving some advocates, has been completed. The police report has been filed before the Judicial Magistrate-II, Hosur, and the case has been taken on file as CC No. 279 of 2026. It is posted for furnishing copies to the accused on August 20.The court then directed its registry to obtain a further report from the Hosur courts and posted the matter for Aug 31.
