THE HONOURABLE MR JUSTICE N. ANAND VENKATESH CRL OP No. 2302 of 2021 AND CRL OP NO. 4174 OF 2021 Cholamandalam Ms General Insurance Company Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRL OP No. 2302 of 2021
AND
CRL OP NO. 4174 OF 2021
Cholamandalam Ms General Insurance
Company Ltd
Having Office At Hari Nivas Towers,
1st Floor, 163, Thambu Chetty Street,
Parrys Corner, Chennai-600 001,
Rep.By Mr.A.Srinivasan
Petitioner(s)
Vs
1. Director General Of Police Dr.Radhakrishnan Salai,Mylapore, Chennai-600 004.
2.Deputy Inspector General Of Police
Crime Branch, No.132, Commissioner Office Building, Evk Sampath Road, Vepery, Periyamet, Chennai-600 007.
3.The Superintendent Of Police Cbcid, Sidco Industrial Estate, Guindy, Chennai-600 032.
4.State Crime Records Bureau
Additional Director General Of Police,
No.95, Greenways Road, Mrc Nagar,
Raja Annamalai Puram,
Chennai-600 028.
5.The Secretary,
Tamil Nadu State Legal Services Authority.
Respondent(s)
CRL OP No. 4174 of 2021
M/s. The New India Assurance
Company Limited.,
Rep.By Its Regional Manager,
Mr.M.V.Chandrasekar, Bombay Mutual Building, 6th Floor, No.232, Nsc Bose Road, Chennai – 600 001.
Petitioner(s)
Vs
1. The Director General Of Police, Head Of Police Force, Mylapore, Chennai – 600 004.
2.The Additional Director General Of
Police,
Cbcid, Chennai – 600 008.
3.The Commissioner Of Police, Greater Chennai Police, Vepery, Chennai – 600 007.
4.The Deputy Commissioner Of Police, Ccb/metro, Greater Chennai Police, Vepery, Chennai – 600 007.
Respondent(s)
For Petitioner(s): Mr.N.Vjayaraghavan for Mr.N.P.Vijay Kumar
For Respondent(s): Mr.Arun Anbumani for R1 to R4 Additional Public Prosecutor
Mr.C.K.Chandrasekaran
Standing Counsel for R5
ORDER
Pursuant to the order passed by this Court on 15.12.2025, the matter was listed for hearing today.
2.The Director General of Police has filed a status report along with annexures and the relevant portions are extracted hereunder:
4. It is respectfully submitted that in compliance with the directions issued by the Hon’ble High Court of Madras, the abstract of details of the action taken so far are tabulated below:-
Total
Number of
Complaints cited Number of
Complaints in which FIR is registered Number of
Complaints response awaited from the
Insurance
Company Number of complaints related to other state jurisdiction Number of complaints not required FIR by
Insurance
Company
467 436 11 15 5*
*Generali Central Insurance Company limited has requested not to file FIR for the following 5 MCOP cases (2898/2020, 215/2019, 100/2019, 156/2013 & 162/ 2016).
Total Number of Complaints cited Number of
Complaints in which FIR is
Registered Number of
complaints response awaited from the Insurance
Company Number of
complaints related to other state jurisdiction
308-62 (Double entry)= 246 211 31 4
The elaborate details for List-I and List-II collected from the units are enclosed in the annexure. Out of these 308 complaints cited, the Reliance Insurance Company stated that they preferred complaints only for 62. However, their compiled report filed before the Hon’ble Court states that there are 124 number of complaints from Reliance Insurance Company, due to double entries. During reconciliation with the Insurance Company, the discrepancy in the figure was noticed and the double entry (124-62 = 62) has been rectified.
5. It is respectfully submitted that necessary action is being undertaken expeditiously to register FIRs based on the remaining complaints received at Police Stations and transfer the same to the Special Investigation Team (SIT) headed by the Additional Director General of Police, Economic Offences Wing,(Incharge) Chennai for further investigation.
6. It is respectfully submitted that a few units reported that they have not received the complaints as per the List given. To sort out this discrepancy, it is requested that a district level nodal officer from each Insurance company may consolidate the complaints of the respective district and present the complaints before the concerned Commissioners of Police/Superintendents of Police having jurisdiction and FIR’s will be registered at once.
7. It is respectfully submitted that the volume of the fake insurance cases (467 + 308 = 775 cases) are very high in number. As the available strength in EOW is also handling 1592 cases (CCIW & EOW) both UI and PT throughout the State, there will be shortage of man power to handle this huge volume of independent cases. Further, there are specific mega cases such as Neomax, Aarudhara, Hijau, My V3 Ads cases to the tune of 9200 crores default amount, are also to be investigated in EOW. Hence it is requested that the above cases may be investigated by the concerned Deputy Superintendents of Police / Assistant Commissioners of Police of District Crime Branches / City Crime Branches and the same may be monitored, supervised and reviewed by the Unit Officers and periodically reviewed by the Superintendents of Police of CBCID of the respective zones under the guidance of Additional Director General of Police, CBCID, Chennai.
3.A careful reading of the status report shows that a total of 647 FIRs have been registered till date and the annexures filed along with the report also indicate that the crime numbers have been correlated to the respective MCOP numbers pending before various Tribunals across Tamil Nadu.
4.Mr.Arun Anbumani, learned Additional Public Prosecutor appearing for the respondent Police submitted that insofar as List-I is concerned, response is awaited from the respective Insurance Companies insofar as 11 complaints are concerned and in List-II such response is awaited for 31 complaints. Apart from that, insofar as complaint relating to other State jurisdiction, there are 15 such complaints in List-I and 4 complaints in List-II.
5.The Additional Public Prosecutor appearing for respondent police by pointing to para 7 of the status report submitted that there is shortage of manpower to handle huge volume of cases that are pending and therefore a request was made to permit the cases to be investigated by the concerned
DSPs/ACs of DCBs/CCBs and it can be monitored/supervised/reviewed by the
Unit Officers and periodically reviewed by the Superintendent of Police of CBCID of respective zones under the guidance of Additional Director General of Police, CBCID, Chennai, instead of all the complaints being investigated by a Special Investigation team, as was suggested by this Court in the earlier orders passed on 09.02.2021, 03.03.2021 and 22.03.2021.
6.In the earlier order that was passed on 15.12.2025, this Court issued five directions and for easy understanding, they are extracted hereunder:
a.”At paragraph 7(b) of the earlier order, this Court directed the learned Principal Sub Judge, Hosur and the learned Additional District Judge, Hosur to submit a report. On verifying the records, it is seen that these reports are yet to be received. In view of the above, the Registry is directed to follow up with the concerned Courts and get the reports before the next date of hearing”.
b.“In the light of the above memo filed on the side of the petitioner, there shall be a direction to the respondents to act upon 308 complaints, which forms part of List Il and the earlier directions issued at Paragraph No.7(a) for the 467 complaints shall equally apply to these 308 complaints also. Hence, the FIR shall be registered and it shall be transferred to the file of the SIT.”
c.”The respondents are directed to prepare a tabulated statement correlating each claim made to the respective crime number assigned in the FIRs. This will enable the insurance company to bring to the notice of the Court below which deals with the said claim.”
d. “The list I and List II that has been filed along with the memo on the side of the petitioner shall form part of this order.”
e.”Post this case for hearing on 23.02.2026. By then, the Registry shall follow up and get the reports from the Court below. A status report shall also be filed by the respondent with necessary particulars.”
7.Insofar as directions (b), (c) and (d) are concerned, the status report that was filed today indicates that a total of 647 FIRs have been registered and they have also been correlated with respective MCOP Petitions pending before various Tribunals in Tamil Nadu. Insofar as 11 complaints in List-I and 31 complaints in List-II are concerned, the particulars of the Insurance Companies involved shall be furnished to Mr.N.Vijayaragan, learned counsel for petitioner, in order to enable the counsel to follow up with the Insurance Companies and give the necessary particulars so that the concerned jurisdictional Police can register the FIR for those complaints also.
8.Insofar as complaints relating to other State jurisdiction, the respondent shall take necessary steps and ensure that the FIRs are registered by the concerned jurisdictional Police outside the State of Tamil Nadu. For that purpose, this order shall be communicated to the respective jurisdictional Police Stations.
9.In List-I Generali Central Insurance Company has requested the Police
not to register any FIR for cases pending for 5 MCOP cases.
Mr.N.Vijayaraghavan, learned counsel shall get necessary instructions in this regard and clarify the same.
10.The request made at paragraph 7 of the status report will be considered during the next date of hearing.
11.Coming to directions (a) and (e) are concerned, till date no report has been received from the concerned Court. In view of the same, Registry is directed to send a copy of this order to the concerned Courts and the necessary reports shall be prepared and placed before this Court before the next date of hearing. While sending a copy of the order, the copy of the orders dated 18.4.2022 and 12.09.2025 shall also be annexed so that the concerned Courts will be put on notice that this Court is repeatedly asking for reports and till date no report has been received.
12.Mr.N.Vijayaraghan, learned counsel for the petitioner submitted that in some of the cases, the Tribunal is not going into the issue of fake policy and straight away a reference is made to the orders passed by this Court and a finding is given to the effect that the criminal case is pending and therefore pay and recovery is ordered in those cases subject to the final result in the criminal case. As an illustrative case, the award passed in MCOP No.2030 of 2020 dated
20.6.2025, on the file of the Motor Claims Accident Tribunal cum Chief Judge of Small Causes, Chennai, was placed before this Court. On going through this order, it is seen that the Tribunal has not independently considered the issue of fake policy and it was held that a direction has been issued by this Court to the Police authorities to investigate the case regarding fake policies and the outcome of the investigation has not been furnished and therefore the Tribunal
has proceeded to hold that the policy is a valid policy
and applied the principle of pay and recover and also given liberty to the Insurance Company to recover the compensation from the owner
of the vehicle after the police investigation, if the policy is
found to be fake. In short, the Tribunal has presumed that the policy in question is not a fake policy and has proceeded to award the compensation. The above procedure followed by the Tribunal on the face of it is illegal. The Tribunal has to independently apply its mind based on the materials placed before it and render a finding as to whether the policy is genuine or fake. Such finding is not dependent on the criminal case that is pending investigation before the concerned police authority. If the Tribunal on assessment of evidence comes to a conclusion that the policy in question is a fake policy, the question of payment of compensation by the insurance company will not arise. Once the policy is found to be a fake policy, it has its own consequences under the criminal law which will ultimately end up with a punishment. The Tribunal cannot abdicate its duty in rendering a finding regarding the genuineness of a policy and it is not dependent upon the final result in the investigation pending before the Police.
13.It is not known in how many cases such awards have been passed. This Court requests Mr.N.Vijayaraghavan to collect the list of such awards passed so that it can be independently dealt with by this Court and appropriate directions can be issued.
14.It is made clear that in the MCOP cases that are pending before the concerned Tribunals, the Tribunal shall independently go into the issue of the genuineness or otherwise of the policy based on the evidence placed before the Tribunal and render a finding. Depending on the finding, the payment or otherwise of the compensation shall be determined.
15.Post this case for hearing under the caption ‘for filing report’ on 03.08.2026.
06.07.2026
KP To
1.Director General Of Police Dr.Radhakrishnan Salai,Mylapore, Chennai-600 004.
2.Deputy Inspector General Of Police
Crime Branch, No.132, Commissioner Office Building, Evk Sampath Road, Vepery, Periyamet, Chennai-600 007.
3.The Superintendent Of Police Cbcid, Sidco Industrial Estate, Guindy, Chennai-600 032.
4.State Crime Records Bureau
Additional Director General Of Police,
No.95, Greenways Road, Mrc Nagar, Raja Annamalai Puram, Chennai-600 028.
5.The Secretary,
Tamil Nadu State Legal Services
Authority. ( R5 Is Suo Motu Impleaded
As Per Order In Crl Op.2302 And 4174 Of 2021., Dt.24.01.2022)
6.The Additional Director General Of Police, Cbcid, Chennai – 600 008.
7.The Commissioner Of Police,
Greater Chennai Police, Vepery,
Chennai – 600 007.
8.The Deputy Commissioner Of Police,
CCB/metro, Greater Chennai Police,
Vepery, Chennai – 600 007.
N.ANAND VENKATESH J.
KP
CRL OP No. 2302 of 2021 AND
CRL OP NO. 4174 OF 2021
06.07.2026
