UP bar council to cancel licences of lawyers filing fake insurance claims

Uttar Pradesh government’s SIT has been investigating cases of lawyers causing loss of several crore to insurance companies by submitting fake claims under the Motor Accident Claims Tribunal and Workmen Compensation Act

After the Supreme Court’s rap, the Bar Council of Uttar Pradesh has decided to terminate licences of lawyers involved in submission of fake claims under the Motor Accident Claims Tribunal and the Workmen Compensation Act.

The apex court has ordered the Uttar Pradesh government to submit the list of all lawyers found involved in the misconduct in a sealed envelope by November 15. (Burhaan Kinu/HT PHOTO)

Earlier this month on October 5, a double judge bench of justice MR Shah and justice AS Bopanna of the Supreme Court had shamed the Bar Council of Uttar Pradesh for not acting against advocates found to be submitting fake claim petitions and said that the “unfortunate” situation reflected “callousness and insensitivity” on the part of the bar.

Following SC’s castigation, the UP bar council said it will cancel all such lawyers’ licence for legal practice.

“All directives of the Supreme Court will be followed in this regard,” said Prashant Singh, member–secretary of the UP bar council. “This act falls in the category of misconduct of lawyers,” he added.

While fixing November 16 as the next date of hearing in the case, the apex court has ordered the Uttar Pradesh government to submit list of all such lawyers in a sealed envelope by November 15.

A special investigation team of the Uttar Pradesh government has been investigating cases of lawyers causing loss of several crore to insurance companies by submitting fake claims under the Motor Accident Claims Tribunal and Workmen Compensation Act as per an October 7, 2015 order given by Allahabad high court. The cases of such fraudulent conduct were forwarded by private insurer ICICI Lombard General Insurance Company .

The Supreme Court noted that SIT had investigated 246 out of the 1,376 complaints and registered 83 criminal complaints so far against errant lawyers, policemen, and insurance agents, and it directed the state to file a detailed report on the matter.

“The State of UP/SIT is hereby directed 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,” said the court.

The court also ordered that the names of the advocates against whom cognizable offence is prima facie made out are disclosed in a sealed cover so that the list can be sent to the Bar Council of India for further action.