Supreme Court Directs All States to Form SITs for Insurance Fraud Investigation

The Supreme Court on August 17 issued a sweeping set of directions aimed at combating what it described as a fraud of “enormous proportion” in motor accident insurance claims. A bench of Justices Ahsanuddin Amanullah and Prasanna B. Varale ordered every state to constitute a dedicated Special Investigation Team (SIT) to probe suspected fraudulent claims and warned insurance companies against selectively referring cases for investigation.

From a Single Accident to a Nationwide Probe

The proceedings began with a seemingly narrow question in The Oriental Insurance Co. Ltd. vs. Tuni Pati & Ors. —whether a vehicle alleged to have caused an accident was actually involved. But as the case unfolded, the court found indications of a “fixed pattern” where the same vehicle was shown as involved in multiple accidents. What started as a routine special leave petition metamorphosed into a pan-India examination of fraudulent claims, with the bench noting that the fallout extended beyond insurer balance sheets to higher premiums for genuine policyholders.

States Must Act: Dedicated SITs Ordered

“All the States to constitute a special dedicated SIT for such purposes at the State level,” the order stated. All complaints forwarded by insurance companies must be examined expeditiously, and states are directed to provide sufficient personnel. The court also demanded transparency: states must disclose the procedures adopted for investigating these cases.

Insurers on a Tight Leash

The court underscored that insurance companies cannot adopt a “pick and choose” approach. “The Court will hold the top most management of the concerned insurance companies accountable if it is found that there has been selective forwarding of the cases to the SIT,” the order warned. Where an SIT recommends action or an FIR is registered against an insurance company’s officers, the company must initiate departmental proceedings without delay.

The bench also directed insurers to file affidavits detailing both the cases referred to SITs and internal actions taken against officials who may have facilitated fraud.

Technological Solutions for Fraud Detection

During the hearing, advocate Jagdish Chandra Solanki, assisting the court, suggested developing a common portal that would allow insurers to cross-check whether the same vehicle, person, or entity has been involved in multiple claims. He proposed integrating this with existing databases such as VAHAN and SARATHI. The court also heard from Tamil Nadu’s counsel about the Ministry of Road Transport and Highways’ E-Detailed Accident Report (EDAR) portal, which tracks accidents on national highways and could be linked with IRDA’s system to verify accident authenticity.

The court impleaded the Insurance Regulatory and Development Authority of India (IRDAI), the Ministry of Finance, the Ministry of Road Transport and Highways, and the General Insurance Council as additional respondents, directing them to file affidavits on their present responsibilities and suggestions to tackle fraudulent claims.

Uttar Pradesh’s Model Cited

Uttar Pradesh informed the court that a special SIT constituted pursuant to an earlier Supreme Court order in Safiq Ahmad vs. ICICI Lombard General Insurance Co. Ltd. had received 2,188 complaints, investigated over 1,029, and registered 231 FIRs against 533 accused persons. The bench appreciated the action and directed all states to follow a similar mechanism.

Insurance Executives Face Court’s Ire

The court took a dim view of several insurance company CMDs who failed to appear physically despite being directed to do so on May 26. While the bench considered issuing contempt notices, it granted “extraordinary indulgence” and instead issued show-cause notices to the 15 absent executives, requiring them to file personally affirmed affidavits explaining their non-compliance. Three companies—respondents No. 64, 94, and 98—had not even entered appearance or filed affidavits.

The Road Ahead

The matter is listed for September 23, 2026, at 2 p.m., with parties directed to be ready with one-page summaries of their affidavits. The court also accepted a suggestion that where a Motor Accident Claims Tribunal rejects a claim on grounds of fraud or collusion, the insurer must immediately forward details to the state SIT and conduct an in-house investigation into possible contributory collusion by its own officers.

The order marks a significant expansion of judicial oversight over the insurance claims ecosystem, with the potential to reshape how fraudulent claims are detected and prosecuted across the country.