S.S Saron, J. - (1.) The petition arises out of an appeal that was filed against an award passed by the learned Motor Accident Claims Tribunal ('MACT' - for short) under the Motor Vehicles Act, 1988 i.e. FAO No.2604 of 2013. The issue in the petition now relates to non-payment or delay in payment of fees to counsel/advocates who represent the nationalized insurance companies i.e. the United India Insurance Co. Ltd; Oriental Insurance Co. Ltd.; New India Assurance Co. Ltd. and National Insurance Co. Ltd., and defend them in this Court and before the Lok Adalats as also appear in Mediation proceedings in cases arising out of Motor Accident Claims. The grievance of the advocates who represent these Insurance Companies is that despite the said companies having formed a common body i.e. General Insurance (Public Sector) Association of India ('GIPSA' - for short) and the said body fixing the fee schedule for payment to the Counsel representing them in this Court, the due fee was not being paid.
(2.) A Division Bench of this Court in the present petition on 08.04.2015 passed the following order:- "On 10.12.2014, learned Single Judge of this court while disposing of an appeal (FAO No. 2604 of 2013) filed by the claimant (injured of a motor accident) made a reference vide separate order to the following effect: "During the hearing of FAO No. 2604 of 2013, this Court issued notice of motion on 19.08.2013 for 21.01.2014, however, none had put in appearance for the Insurance Company - The United India Insurance Company Limited in spite of service, as a consequence of which an order was passed that on account of this non representation delay has been caused in disposing off the appeal. Thereafter not much assistance on behalf of the Insurance Company was forthcoming and as a consequence of which this Court was constrained to pass orders dated 21.07.2014 and when nothing could materialize, has led to the passing of order dated 12.09.2014. 26 Standing Counsel representing four Insurance Companies (1. United India Insurance Co. Ltd.; 2. Oriental Insurance Co. Ltd.; 3. New India Assurance Co. Ltd. and 4. National Insurance Co. Ltd.) appeared before the Court and brought their plight to the notice of the Court of how the officers and officials of these Companies were circumventing the administration of justice for their personal ends and gains. It has been highlighted during the course of hearing that these General Insurance Companies are for obvious reasons manipulating the guidelines/fee structures approved by GIPSA and under that undue exercise the Counsel were being not properly assisted and thus, intentionally causing delay in the disposal of these matters before the Court and invariably were causing loss to the exchequer of these Companies which mostly are public undertakings. It has been highlighted with much emphasis how the fees and bills of the advocates, who had been representing the Companies in the matters, were not being paid since decades. This unholy nexus and trend assumes greater importance as people in general, who repose faith in promises of financial security made by these Companies in times of their sufferings and injury, were left high and dry. Thus, what was invented as a social welfare has become a tool of exploitation in the hands of these officers of the Companies who are out and out also trying to harm the advocates who are the officers of the Court. It has often been seen that the Counsel who do not toe the line are changed in between the hearings. Thus, the sufferings are increased manifold by the inordinate intentional delay of these Companies and lack of assistance to their Counsel. Since these issues of vital public importance are being faced by almost all the advocates present before the Court for these Insurance Companies, is an impediment and delaying process in the dispensation of justice. Thus, this Court is pleased to treat this issue as a writ petition and refer it to the Hon'ble Acting Chief Justice for constituting an appropriate Bench to look into the matter so that much relief could come about to the poor litigants."
(3.) The said reference has been put up before this Bench to be treated as Public Interest Litigation. Keeping in view the importance of the issue raised in the aforesaid reference, let notice be issued to the following four Insurance Companies for April 28, 2015 : (1) United India Insurance Co. Ltd. through its Deputy General Manager, SCO No. 123-124, Sector 17, Chandigarh; (2) Oriental Insurance Co. Ltd. through its Chief Regional Manager, SCO No. 110-111, Sector 17, Chandigarh; (3) New India Assurance Co. Ltd. through its Deputy General Manager, SCO No. 36-37, Sector 17, Chandigarh; and (4) National Insurance Co. Ltd. through its Deputy General Manager, SCO No. 332-334, Sector 34, Chandigarh.";