Apex Court asks BCI to take action against advocates indulged into filing of fake claims under MACT

Read Order: Safiq Ahmad vs. ICICI Lombard General Insurance 

Pankaj Bajpai

New Delhi, October 19, 2021: The Supreme Court has asked the Bar Council of India to step in and take appropriate action against the erring advocates, who are found to have indulged into filing of fake claims under the Motor Accident Claims Tribunal (MACT) and Workmen Compensation Act. 

A Division Bench of Justice M.R. Shah and Justice A.S. Bopanna observed that it is the duty of the Bar Council of the State to take action against the advocates who are found to have been indulged in such unethical manner by filing the fake claims. 

The observation came to be passed noticing alleged involvement of advocates in filing of fake claim petitions in MACT matters and the callous & insensitive approach of the Bar Council of U.P in not giving instructions to their advocates in such matters. 

Going by the background of the case, an affidavit was filed bringing on record the Special Investigation Team (S.I.T) Report which was constituted in compliance of the order passed by the Allahabad High Court (Lucknow Bench) in a Civil Revision Petition, wherein it was stated that the company, ICICI Lombard General Insurance Company Limited, had forwarded cases of suspicious claims related to various insurance companies forwarded by the District Judge, Raebareli. 

Out of the total 1376 cases of suspicious claims received by the S.I.T, 246 cases were enquired and after having found prima facie offence of cognizable nature against total 166 accused persons including advocates, police personnel, doctors, insurance employees, vehicle owners, drivers etc., a total 83 criminal complaints were registered in various districts. 

The Apex Court therefore directed the State of U.P / S.I.T to file a better 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. 

On a separate sheet, the names of the advocates against whom the prima facie cases of cognizable offences have been found,  to be disclosed in a sealed cover so that the list can be sent to the Bar Council of India for further action, clarified the Court.