Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation – Suo moto invocation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Interest Litigation – Suo moto invocation – Paymentof fees to empanelled advocates – FAO pertaining to motor accidentmatter – Non-appearance of the empanelled lawyers of the InsuranceCompanies – Counsel representing the insurance companiesbringing their plight to the notice of the Single Judge highlightingthat these insurance companies were manipulating guidelines/feestructures approved by GIPSA – Single Judge treating the issue asof public importance, passed an order for suo moto registration ofPublic Interest Litigation – Reference placed before the DivisionBench – Issuance of directions by the court to the InsuranceCompanies to adhere to the schedules framed by GIPSA and makepayments to all advocates to whom fee was due and payable –Challenge to, by the Insurance Companies – On appeal, held: HighCourt noticed schedules of fee issued by GIPSA, Circular of 2004,2009 and 2014; and that the issue was only with regard to Circularof 2004 – When PIL was registered, the fees schedule as enforcedfrom circulars of 2009 and 2014 was very much in vogue and beingadhered to – Entertainment of the issue regarding payment of feeas per circular of 2004 by GIPSA or subsequently modified byproceeding dated 16.03.2005 ought not to have been gone in thewrit petition – Furthermore, said issue had no bearing on the caseof the poor litigants, which was the main reason for the Single Judgeto direct for suo moto registration of PIL – Moreso, Circular of2004 was replaced by subsequent circulars of 2009 and 2014 – Inview thereof, direction of High Court directing insurance companiesto adhere to fees schedule issued by GIPSA of 2004 set aside –However, any payment of fee made as per said Circular to be treatedas final – Insurance companies to adhere to the schedule framedby GIPSA of 2009 and 2014. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 564 |
Petitioner | United India Insurance Co. Ltd. |
SCR | [2018] 7 S.C.R. 816 |
Judgement Date | 2018-07-02 |
Case Number | 5953 |
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