Fraud network of lawyers usurp blood money

The Indian diplomatic mission in the UAE has received more complaints regarding fraudulent claims of diya (blood money) on behalf of Indians who died here in road or work-related accidents.

Sanjay Verma, Indian Consul General in Dubai confirmed to Emirates 24|7 that in addition to the complaint lodged by the son of an Indian driver who died in a road accident in Abu Dhabi, the Indian consulate has on its record six cases of fraudulent claims made for diya money by dubious legal professionals.

Verma said in a statement: “This Consulate currently has 6 cases of fraudulent collection of Diya Money awarded by Dubai Courts on its records. As regards the complaint lodged by Mr. Viju V. Nair, we would like to inform you that this case does not come under the purview of this Consulate.”

The Consul General advised relatives and family members of Indians who die in accidents to issue power of attorney only in favour of the Indian Consulate. “In case, if the legal heirs are unable to pursue matters regarding death compensation, it is advised that the Power of Attorney should be issued in favour of the Indian Consulate. This will avoid the funds going into the hands of unauthorised persons.”

Information available with Emirates 24|7 show that there is a wide network of dubious Indian legal professionals who use various agents in the India’s Ministry of External Affairs, the Indian missions, death registration sections of various hospitals abroad, traffic and police department to collect information about people who die abroad in accidents, work related incidents or other mysterious circumstances.

“This fraud has been going on for almost two decades. One advocate who is facing the main allegation now has been regularly visiting the UAE to pursue such cases. They never used to part with the diya money that they bag from following these cases in the UAE courts to the legal heirs of the victims,” said sources familiar with such cases. 

While there are other cases, only one Indian family could fully detect the fraud and proceed legally against the lawyer concerned. Most of the fraud victims could be poor families of illiterate Indian workers.

It is understood that the specific lawyer has made several inquiries with the Indian missions using the Right to Information Act. They reach the victims’ families, give them small amounts, take the power of attorney and claim diya money from the UAE, but never pass them on to the victims’ families.

“The lawyer, who is now above retirement age, has many agents who collect information from the hospitals, especially the emergency, death, mortuary sections, Indian government, newspaper reports or any other sources,” the source revealed. The agents are on the payroll of the network.

The lawyers have been liberally using the Rights to Information Act, passed in 2005 to gain crucial information from Indian embassies and consulates about Indians who die abroad. When a lawyer demands information about any death or injury in the UAE or other foreign countries through official channels, nobody in the embassies or consulates can deny such information. 

While the Right to Information has been passed to help Indian citizens get access to crucial information, some dubious players have misused such facility to commit fraud and cheating. By paying a small amount as fees, the lawyers or their agents can get all information about accidental or work related deaths in the Gulf region.

In many cases, the Mumbai-based advocate claims money from the courts with the help of power of attorney documents signed by the legal heirs, but never gave any money to the families.

With the information collected through the Right to Information channel, the lawyer(s) would approach the families of the deceased. “This has been going on for about two decades and the lawyers could have duped many Indians in Punjab, Andhra Pradesh, Tamil Nadu or other parts of India,” said a reliable source.

“In most cases of accidental deaths, diya money is to be paid as per the Shariah laws. However, the lawyers involved in the fraud would convince the families back home that the accident happened while a pedestrian crossed the road through area without zebra crossing marks or the vehicle involved in the accident could not be traced. They would give several excuses to deny the full amount to the families. In some cases, the lawyer would give Rs100,000 (approximately Dh8,333)  to Rs500,000 (Dh41,666) while he gets minimum Dh200,000 as diya money for an accidental death.

Meanwhile, Viju V Nair, elder son of an Indian driver who died in a road accident in the UAE in 1997 is going ahead with legal proceedings against two Mumbai-based Indian lawyers for swindling the blood money due to the legal heirs of his father. 

Thirteen years after his death, his son is suing the two lawyers for allegedly swindling the blood money awarded to the family by his father’s employer. 

The family was to receive Dh150,000 from Al Muhairy General Contracting Company in Abu Dhabi where his father had worked. The family is suing U.K. Mehta., a Mumbai-based advocate, who introduced them to another lawyer, M.A.S. Bagwala, who is also based in India.

Following his complaint, the Indian Ministry of Overseas Indian Affairs directed Indian missions here to investigate the case.

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