MV Act | MP High Court Orders Action Against Lawyer, Doctors Who Forged Disability Certificate For Claimant; Asks SIT To Probe Such Frauds

In doing so the court reduced the net compensation payable to the claimant from Rs. 2,74,096 to Rs. 2,22,043 and directed an inquiry against the concerned doctors, pharmacy and the counsel involved in the matter.

A single judge bench of Justice Vivek Agarwal observed, “…direction is also issued to the Director General of Police to constitute a high level team in the form of S.I.T. to investigate the cases of false implication where three parties are necessarily in connivance namely claimant, police, officials of the region and the concerned Doctors. Besides this, sometimes claimants act at the behest on provocation of their counsel who are practicing in the field of motor accident claim cases or in the field of criminal law. Thus, S.I.T. be requested to examine these frauds with the system which are being perpetuated day in and day out causing dent to the credibility of the judicial system.”

Background

The court was hearing an appeal under the Motor Vehicles Act filed by the insurance company against an award passed by Motor Accident Claims Tribunal, Jabalpur. 

The Counsel for the insurance company submitted that the claimant had admitted in his cross-examination that he had never visited the concerned hospital and the certificate enclosed by him as disability certificate was obtained by his counsel. It was further submitted that the concerned doctor without examining the patient, issued disability certificate, which is a professional misconduct.

The company said that another doctor had stated that he was working at a hospital, whereas most of the treatment papers were not from the hospital that the doctor stated he was working at.

Thus, it was submitted that the hospital's discharge card  was a fabricated document as the date of admission and discharge were different on the discharge card and the bill. The Counsel submitted that claimant himself admitted that he was firstly taken to a Government hospital in Chhindwara from where he was referred to Narsinghpur then to a hospital in Jabalpur.

After being discharged he went back to Chhindwara, where he remained in Government hospital. Thereafter, he was again admitted at the hospital in Jabalpur. Thus, the counsel contended that this was a case of fraud and connivance by a team of doctors, claimant and the counsel.

The Counsel for Respondent No.1/Claimant submitted that he had filed cross objection under Order 41 Rule 22 CPC seeking enhancement as meagre amount was awarded under different heads like pain and suffering, etc.

Findings

After hearing the parties and going through the record, the Court questioned the counsel for Claimant about certain pharmacy bills available on record which were without GST number or seal from the concerned pharmacy. The Court noted that the counsel had no answer as to how those bills were admissible in evidence.

“It appears that Tribunal overlooked this fact while accepting a fact that the disability certificate as was produced by the claimant and as enclosed along with the record as Exhibit P-130 is not worthy of its consideration,” the Court said.

The Court concluded that the concerned doctor had issued a forged disability certificate while acting as a member of District Medical Board. It was noted that Exhibit P-130 did not contain any endorsement of District Medical Board. Thus, it was evident that the certificate was forged as stated by the claimant that it was obtained by his counsel without subjecting him to any investigation or examination.

“With a view to curtail such corrupt practices, it is necessary that strict action be taken against the delinquent," the court said. 

It thereafter referred the disability certificate issued by the doctor and the award to the  Principal Secretary, Public Health and Family Welfare to institute a departmental enquiry against the doctor if he continues in service for imposing major penalty, as "this act of playing fraud with the system and furnishing false and forged medical certificate without examining the patient cannot be allowed to continue".

Further, with regard to another doctor who was examined as claimant's witness no. 3, the Court referred the matter to Medical Council of India for taking appropriate action noting that the doctor has a "criminal history for producing false and fabricated certificates" which had landed him in prison. Referring the matter to the council to take  court said that the doctor is "prima facie guilty of producing false and fabricated papers including treatment papers with a view to give benefit to the claimant". 

The court said that the claimant had never admitted that he went to the hospital that the doctor (claimant's witness) worked at and had himself said that he only went to three Government hospitals, namely, at Harrai, Narsinghpur and Chhindwara, besides one hospital in Jabalpur. Hence the bills of the place where the doctor worked at appeared to be false the court concluded. 

Thus, after consideration of the above factors, the Court concluded that money paid on account of inappropriate medical bills issued by the Pharmacy without any GST number/Sales Tax Number and without there being a seal of pharmacy, shall be deducted from the amount awarded by the Claims Tribunal.

The net compensation payable in favour of the claimant was hence, reduced by Rs. 52,053. 

Thereafter, the Court directed the Collector, Jabalpur, to direct the Drug Inspector to carry out inspection of the concerned Pharmacy to find out as to how it is entitled to issue bills without GST/Sales Tax Number.

The Court also directed the State Bar Council to take action against the counsel for the claimant who appeared before the Tribunal and obtained a forged and fabricated medical certificate without subjecting the claimant to any examination.

Case Title: Shriram General Insurance Company Ltd. Versus Rakesh Valtiya And Others, Misc. Appeal No. 565 Of 2022

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