Dipankar Datta, J. - (1.) An interesting question arises for examination by this Bench on this writ petition, i.e. whether repudiation of an insurance claim by an insurer could be made the subject matter of a complaint before the Insurance Ombudsman (hereafter the ombudsman) under the Redressal of Public Grievances Rules, 1998 (hereafter the Rules) at the instance of a company incorporated under the Companies Act 1956.
(2.) The petitioning company's claim having been repudiated by the insurer (respondent No. 4), a complaint was lodged before the ombudsman whereupon it was conveyed by the office of the ombudsman (respondent No. 3) by a communication dated February 5, 2015 that the ombudsman entertains complaints in respect of 'insurance policies issued or purchased in an individual capacity, i.e. personal lines insurances only can be considered'. The petitioning company was, accordingly, advised to take up the matter with the insurer or any other Court/forum for resolution of its grievance. This order is the subject matter of challenge in this writ petition.
(3.) Referring to the provisions of the Rules, Ms. Shaw, learned advocate for the petitioning company, duly assisted by Ms. Agarwal, learned advocate contended that the respondent No. 3 was in error in holding that a complaint before it against an insurer could only be filed by an individual and not by a company. Reliance was placed on the decision of a learned single judge of the Madhya Pradesh High Court (Indore Bench) reported in [ : 2010 160 COMP CAS 410 (MP) : Oriental Insurance Company Limited v/s. Ruchi Worldwide Limited], wherein it was held that a complaint at the instance of a company could be entertained by the ombudsman under the Rules. It was pointed out to this Bench that a different view had earlier been taken by a Division Bench of the Kerala High Court in the decision reported in 2005 (4) KLT 391 : National Insurance Co. Limited v/s. Indus Motor Co (P) Ltd.; however, the learned Judge while deciding Ruchi Worldwide (supra) had duly considered the decision in Indus Motor (supra) and given detailed reasons for recording disagreement therewith. It was urged that the view expressed in Ruchi Worldwide (surpa) is the correct view and that discarding the view expressed in Indus Motor Co (supra), this Bench ought to set aside the impugned communication and direct the respondent No. 3 to place the complaint before the ombudsman for consideration in accordance with law.;