Fake Accident Claim Petitions: Supreme Court Directs BCI To Act Against Erring Lawyers

Case title and citation

Safiq Ahmad v ICICI Lombard General Insurance Co. Ltd. & Ors.| Special Leave to Appeal (C) No. 1110/2017

Key Takeaways

• The Bar Council should act against the advocates who are aiding in filing fake insurance claims.

Background

• Special Investigation Team (S.I.T.) was constituted to conduct enquiry and investigation of cases relating to losses in crores of rupees to the insurance companies because of the fake claims.
• S.I.T. received a total of 1376 cases of suspicious claims.
• Out of the total criminal complaints registered so far, an investigation of 33 criminal cases had been completed, and the legal process of submitting charge sheets against the accused is in progress
• In the remaining cases, the investigation is underway by the S.I.T.

Observations

• It falls under the ambit of duties of the Bar Council of each State to act against the advocates who are involved in the unethical filing of fake claims under the Motor Accident Claims Tribunal and Workmen Compensation Act.

Orders

• The Top Court directed the State of UP/SIT to forward the name of the advocates against whom prima facie cases of cognizable offences are disclosed in a sealed cover by 15th November 2021.
• This will be forwarded to the BCI so that further action could be taken.

Questions

1. Do you agree with the court’s opinion?
2. What steps can the BCI take to put an end to this practice?

Share your views in the comments section below.