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SC raps UP Bar Council for not taking motion towards legal professionals for submitting pretend insurance coverage claims


The Supreme Courtroom has rapped the Bar Council of Uttar Pradesh for not taking motion towards advocates who allegedly submitted pretend claims below Motor Accident Claims Tribunal and Workmen Compensation Act inflicting loss in crores of rupees to the insurance coverage corporations.

It is rather unlucky that in such a critical matter, the place the allegations are of submitting of pretend declare petitions involving advocates, the Bar Council of UP just isn’t giving directions to them for making submissions, the apex court docket mentioned.

A bench of Justices M R Shah and A S Bopanna mentioned it reveals the callousness and insensitiveness on the a part of the UP Bar Council and requested Chairman of Bar Council and senior advocate Manan Kumar Mishra to look into the identical.

“As such it’s the obligation of the Bar Council of the State to take motion towards the advocates who’re discovered to have been indulged in such unethical method by submitting the pretend claims below the Motor Accident Claims Tribunal and Workmen Compensation Act.

“As noticed herein above, it seems that Bar Council of State just isn’t considering taking motion and, due to this fact, now the Bar Council of India has to step in and take applicable motion towards the erring advocates, who’re discovered to have indulged into submitting of such pretend claims,” the bench mentioned.

The highest court docket additionally directed a Particular Investigation Group (SIT), constituted in compliance of the order dated October 7, 2015 handed by the Allahabad Excessive Courtroom, to submit report with regard to the probe in a sealed cowl earlier than it on or earlier than November 15.

The apex court docket took word of a supplementary affidavit filed on behalf of UP authorities stating {that a} Particular Investigation Group (SIT) was constituted in compliance of the order dated October 7, 2015 handed by the Allahabad Excessive Courtroom.

The bench famous that the ICICI Lombard Normal Insurance coverage Firm Restricted forwarded instances of suspicious claims associated to varied insurance coverage corporations forwarded by the District Decide Raebareli, instances referred to the SIT by varied courts and the Excessive Courtroom, instances of suspicious claims of Motor Accident Claims Tribunal and Workmen Compensation Act referred to by varied Insurance coverage Firms.

“The SIT has acquired whole 1,376 complaints/instances of suspicious claims. It’s acknowledged that out of whole 1,376 instances of suspicious claims acquired by SIT, enquiry of 246 instances of suspicious claims has been accomplished until date and after having discovered prima facie offence of cognizable offence in nature towards whole 166 accused individuals which incorporates petitioners/candidates, advocates, police personnel, docs, insurance coverage workers, car homeowners, drivers and so forth. and whole 83 felony complaints have been registered in varied districts,” the bench famous. The affidavit additional acknowledged that the enquiry of remaining instances of suspicious claims is underway.

The apex court docket, in its October 5 order, additionally took word of the submission that out of whole felony complaints registered to date, investigation of 33 felony instances has been accomplished and authorized means of submitting cost sheet towards the accused individuals is underway.

The highest court docket mentioned that SIT was constituted pursuant to the order handed by the Allahabad HC for conducting enquiry and investigation of the instances associated to inflicting loss in crores of rupees to the insurance coverage corporations as again from 2015 and regardless of the identical, the investigation/enquiry has not been accomplished until date.

The bench mentioned that it is extremely unlucky that even the SIT has not taken the immediate motion and has not accomplished investigation/enquiry.

“The way and the velocity during which the enquiry is occurring and is underway is deprecated. The State of UP/ SIT is hereby directed to file a greater affidavit in a sealed cowl with respect to complaints filed/enquiry accomplished, the names of the accused, the place the felony complaints are filed and during which felony instances the cost sheets have been filed.

“On a separate sheet, the names of the advocates towards whom the prima face instances of cognizable offences have been discovered to be disclosed in a sealed cowl in order that the listing could be despatched to the Bar Council of India for additional motion,” the bench mentioned.

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