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While issuing notice, the Supreme Court has impleaded  the Ministry of Transport, Government of India as a party-respondent in the case involving the issue of filing of fake claim petitions for getting compensation under the Motor Vehicles Act as well as under the Workmen Compensation Act.

A bench of Justices MR Shah and Sanjiv Khanna today requested Additional Solicitor General of India, KM Nataraj to appear on behalf of the Ministry of Transport, Government of India and to assist the Court and to come out with suggestions how to curb the menace of filing false/fake claim petitions.

Last month, whilst remarking that there was no cooperation or representation at all on the part of the Bar Council of Uttar Pradesh, the Supreme Court had directed its Chairman and Secretary to remain present before the Court on December 8, 2021 with regard to the matter pertaining to filing of fake claim petitions by advocates in the state.

The Court had also deprecated the negligence and lethargy on the part of the SIT constituted by the Allahabad High Court to look into the filing of the fake claim petitions, in not concluding the investigation even after 4-5 years of fling the FIR.

Today, the Special Investigating Team (SIT) filed a Status Report 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.

A separate sheet containing the names of advocates against whom the prima facie cases of cognizable offences have been found, was also filed in a separate sealed cover.

As per the Status Report, a total 1376 cases of suspicious claims from various Districts in the State of U.P. were received so far by the SIT.

While the SIT enlisted reasons for delay, the investigating officer of the SIT was directed to expedite the enquiry/investigation with respect to complaints already received from various insurance companies with respect to suspicious fake claims.

"We also call upon the SIT to file a further affidavit pointing out in how many cases the charge sheets have been filed; when the charge sheets have been filed (the date of filing of the charge sheets), in which Courts the charge sheets have been filed and in how many cases the charges have been framed by the concerned Magisterial Court", ordered the bench.

The Bar Council of Uttar Pradesh, further informed the Court that the Disciplinary Committees had issued notice to the errant 27 (twenty-seven) advocates.

Advocates Atul Nanda and Vishnu Mehra, appearing on behalf of the two insurance companies further submitted before court that despite various directions issued by the top Court as well as the various High Courts, there was non-adherence to the provisions of Section 158(6) (pre 2019 amendment) and Section 159 (post 2019 amendment) of the Motor Vehicles Act.

Nanda also requested that SITs may be constituted in each of the States as they existed only in the States of UP, Rajasthan and Gujarat.

After having heard the respective parties, the bench was of the opinion that before any further directions are issued, the response from the Ministry of Transport, Government of India on remedial and preventive measures should be sought.

Thus, while listing the matter on January 25, 2022,  the Court has decided to issue further directions to be applied pan India after receiving such suggestions from the Centre.

Cause Title: Safiq Ahmad v. ICICI Lombard General Insurance Co. Ltd. & Others