THIMPHU, 20 March, 2021 (TON): On Friday, Bhutan High Court’s larger bench supported bench three’s judgment for the conviction of the Home Minister Sherub Gyeltshen for two months in the case of claiming false vehicle insurance worth Nu 226,546.
The minister’s attorney and other defendents however, appealed to the court that lower court was mistaken in the application of legal provisions.
After a thorough review, the larger bench’s judgment stated it upheld the lower court’s decision.
The HC’s bench three, in its judgment rendered in October last year, stated the minister’s statements on claiming insurance for his vehicle were inconsistent for it stated that Lyonpo Sherub Gyeltshen, in his intimation letter to the Royal Insurance Corporation of Bhutan Ltd (RICBL), claimed his Toyota Prado met with an accident at Lamperi on the Thimphu-Wangdue highway on July 21, 2016.
Besides, in another statement, Lyonpo claimed that his car engine malfunctioned when it was on the way to Mongar. There was no proof to indicate the accident actually happened.
In the violation of section 311 of the Penal Code of Bhutan Lyonpo Sherub Gyeltshen was convicted.
Section 311 states a defendant shall be guilty of the offence of fraudulent obtaining of insurance if the defendant presents a false statement as part of an application for commercial or personal insurance or as part of a claim for payment on a commercial or personal insurance policy.
However, he was also asked to refund the full amount to the insurance company through the Office of Attorney General (OAG). But the sources said, High Court’s Chief Justice Duba Dukpa rescued himself from the case.
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