The Supreme Court has rapped the Bar Council of Uttar Pradesh for not taking motion towards the advocates submitting pretend claims beneath the Motor Accident Claims Tribunal and the Workmen’s Compensation Act which have brought about damages of crores to insurance coverage corporations.
The apex courtroom stated that it is rather unlucky that in such a critical matter, the place there are allegations of submitting of bogus declare petitions involving advocates, the UP Bar Council shouldn’t be directing the submission of them, the apex courtroom stated.
A bench of Justices MR Shah and AS Bopanna noticed that this exhibits apathy and insensitivity on the a part of the UP Bar Council and requested Bar Council Chairman and senior advocate Manan Kumar Mishra to look into it.
“As such it’s the responsibility of the Bar Council of the State to take motion towards the advocates discovered indulging in such unethical method by submitting bogus claims beneath the Motor Accident Claims Tribunal and the Workmen’s Compensation Act.
“As seen right here above, it seems that the Bar Council of State shouldn’t be enthusiastic about taking motion and due to this fact, now the Bar Council of India should step in and take applicable motion towards the erring advocates who’ve been discovered to have indulged in submitting such bogus claims,” the bench stated.
The prime courtroom additionally directed a Special Investigation Team (SIT) constituted in pursuance of the order dated 7 October 2015 handed by the Allahabad High Court, to submit the report relating to the investigation in a sealed cowl on or earlier than 15 November. .
The prime courtroom took observe of a supplementary affidavit filed by the UP authorities which said {that a} Special Investigation Team (SIT) was constituted in compliance with the order dated 7 October 2015 handed by the Allahabad High Court.
The bench stated that ICICI Lombard General Insurance Company Limited forwarded circumstances of uncertain claims relating to varied insurance coverage corporations forwarded by District Judge Rae Bareli, circumstances referred to SIT by numerous courts and High Court, uncertain claims circumstances to the Motor Accident Claims Tribunal. . and the Workmen’s Compensation Act referred to by numerous insurance coverage corporations.
“A total of 1,376 complaints/cases of dubious claims have been received by the SIT. It is stated that out of total 1,376 cases of doubtful claims received by the SIT, investigation in 246 cases of doubtful claims has been completed and prima facie offenses of cognizable in nature have been found against a total of 166 accused persons in which the petitioner /applicants included. , advocates, police personnel, doctors, insurance employees, vehicle owners, drivers etc and a total of 83 criminal complaints have been registered in different districts,” the bench stated. The affidavit additional states that the remaining circumstances of doubtful claims are being investigated.
The apex courtroom, in its October 5 order, additionally took observe of the submission that out of the overall legal complaints registered to date, investigations into 33 legal circumstances have been accomplished and the authorized course of for submitting cost sheets towards the accused individuals is underway.
The apex courtroom stated that the SIT was constituted as per the order handed by the Allahabad HC to analyze and examine circumstances regarding lack of crores of rupees to insurance coverage corporations since 2015 and regardless of this, the investigation/investigation has not been accomplished until date. Is.
The bench stated that it is rather unlucky that even the SIT didn’t take immediate motion and didn’t full the investigation/investigation.
“The method and the tempo at which the investigation is occurring and on is outrageous. The State of U.P./SIT is hereby requested to file in a sealed cowl a greater affidavit relating to the complaints lodged/completion of investigation, names of accused, the place legal complaints have been filed and legal circumstances wherein cost sheets have been filed. instruction is given. .
The bench stated, “On a separate sheet, the names of advocates against whom prima facie cases of cognizable offenses have been disclosed are disclosed in a sealed cover so that the list may be sent to the Bar Council of India for further action.” ” stated.
.
With inputs from TheIndianEXPRESS
