LIFE INSURANCE CORPORATION OF INDIA & ANR Vs. INSURANCE OMBUDSMAN & ORS
LAWS(CAL)-2017-9-177
HIGH COURT OF CALCUTTA
Decided on September 15,2017

Life Insurance Corporation Of India And Anr Appellant
VERSUS
Insurance Ombudsman And Ors Respondents

JUDGEMENT

Tapabrata Chakraborty, J. - (1.) Life Insurance Corporation of India (hereinafter referred to as LICI) and its Zonal Manager has come up in appeal against an order dated 22nd March, 2017 passed by the learned Single Judge in a writ petition being W.P. No.2299 (W) of 2016. The said writ petition was preferred by the appellants herein challenging awards dated 23rd October, 2015 and 29th October, 2015 passed by the Insurance Ombudsman under the provisions of the Redressal of Public Grievances Rules, 1998 (hereinafter referred to as the said Rules)on complaints preferred by the nominees of a deceased insurance policy holder under LICI.
(2.) In the said writ petition the learned Judge framed the following issues: (1)Can an insurance company be a person aggrieved by an award passed by the insurance Ombudsman discharging powers under the Redressal of Public Grievances Rules, 1998 ? (2)Is a writ petition maintainable by an insurance company against an award passed the Insurance Ombudsman under the provisions of the Redressal of Public Grievance Rules, 1998 ? (3)Are the subject five insurance policies vitiated due to breach of principles of uberrimafides ? (4)To what reliefs, if any, are the parties entitled to ?
(3.) After answering the first two issues against the appellants, the learned Judge proceeded to decide the third issue and answered the same also against the appellants and disposed of the fourth issue directing the first appellant to settle the death claim in favour of the nominees of the deceased.;


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