The Supreme Court on Tuesday asked courts and
tribunals to direct insurance companies to transfer claim amounts directly to
the claimants' bank accounts to avoid unnecessary delays.
A bench of Justices JK Maheshwari and Rajesh Bindal
gave the directions in a motor accident claim matter.
"The general practice followed by the insurance
companies, where the compensation is not disputed, is to deposit the same
before the tribunal. Instead of following that process, a direction can always
be issued to transfer the amount into the bank account(s) of the claimant(s)
with intimation to the tribunal," it said.
According to the practice extant, insurance
companies, when they are supposed to pay a claim, either deposit the sum with
the tribunal, or in some small percentage of cases, transfer it to the accounts
of the claimants if directed by the tribunal in the award.
Once the amount is deposited before the tribunal,
the claimant(s) must move an application for withdrawal. It is usually not
before 15-20 days that claimants get their money.
While ruling on the matter, the bench also referred
to the rising number of motor accident cases seeking claims pending before the
tribunals.
Citing a PTI report, which attributed the
information to an RTI response, the bench said towards the end of 2022-23,
10,46,163 claim cases were pending throughout the country before the tribunals.
The number increased from 9,09,166 towards the end
of 2019-20 an increase of 1,36,997 cases within three years, it said.
"This is besides the fact that a large number
of cases are regularly filed and decided," it said.
The data cited in the report was furnished by the
Insurance Regulatory Development Authority of India.
The bench said that in an era increasingly dominated
by artificial intelligence, all transactions can be effected round-the-clock,
from anywhere.
"Our country has done wonders in digital
payment transactions. As per the website of the Ministry of Finance, Government
of India, starting in the FY 2013-14 from 220 crores, the transactions have
increased to 18,592 crores in the F.Y. 2023-24. The value of the
transaction has grown from Rs 952 lakh crores to Rs 3,658 lakh crores. Unified
Payment Interface (UPI) is an indigenous developed digital payment system,
which is easy to operate on a mobile.
The bench said that the number of UPI transactions
grew from 92 crore in the FY year 2017-18 to 13,116 crore in 2023-24 at a CAGR
of 129 per cent, and the number was likely to cross 20,000 crores in the FY
2024-25.
"It is a matter of common knowledge that now
under various schemes of the Government, funds are transferred to the
beneficiaries directly in their bank accounts. As per the rough estimate, about
80 per cent of the adult population in the country have bank accounts," it
said.
The bench added that in some cases where the
compensation is awarded to the minor claimant(s), or if the tribunal issues a
direction to keep a certain percentage of the amount in a fixed deposit, such
directions can always be issued in the award itself to be complied with by the
concerned bank.
"When the amount is transferred by the
insurance company in the account of the claimant(s), it shall be the
responsibility of the bank to ensure that the specified portion thereof is kept
in the fixed deposit. Compliance is to be reported by the bank(s) to the
tribunal," the bench said.
The top court lamented a substantial amount of
compensation in motor accident cases remains deposited in the tribunal as the
claimant(s) may not have approached the tribunal for its release.
Though it made the ruling in a motor insurance claim
matter, the top court said the courts/tribunals can follow the same process in
any matter, whenever any amount is to be paid by one party to another, with
proper compliance.
It directed the registry to send a copy of the order
to the registrars of all the high courts and tribunals.