SC Directs BCI to take action against advocates filing fake accident claims

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The Supreme Court has criticized the Bar Council of Uttar Pradesh for its failure in taking action against the advocates filing fake motor vehicle accident claims.

Safiq Ahmad v. ICICI Lombard General Insurance Co. Ltd. . & Ors.

The Bench comprising of Justice MR Shah and Justice AS Bopanna said it is insensitive and callous on the part of the UP Bar Council for not taking action against the advocates filing fake claim petitions.

A Supplementary affidavit was filed on behalf of the UP Government stating that the Special Investigation Team (SIT) was constituted pursuant to Allahabad High Court’s order.

The ICICI Lombard General Insurance Company Limited forwarded cases of suspicious claims related to various insurance companies forwarded by District Judge Raebareli.

The court noted that out of total criminal complaints registered only 33 cases, the investigation was completed. Rest remaining cases were in progress by the SIT.

The SIT is conducting enquiry and investigation of the related cases causing losses in crores of rupees to the insurance companies by these fake claims under Motor Accident Claims Tribunal and Workmen Compensation Act.

The bench thereafter directed the State of UP/SIT to file an affidavit in a sealed cover with respect to complaints filed/enquiry completed, the names of the accused, where the criminal complaints are filed and in which criminal cases the charge sheets have been filed.

The Apex Court also directed the State to forward the name of the advocates against whom prima facie cases of cognizable offences are disclosed in a sealed cover till November 15, 2021, so that the same can be sent BCI for further action.

Read Order