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2016 Supreme(Cal) 67

DIPANKAR DATTA
Jayshree Polytex Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Sonal Shah, Ms. Shruti Agarwal.
For the Respondent no. 2: Mr. Abhijit Gangopadhyay, Ms. Supriya Dubey.
For the Respondent no. 3: Mr. Nripendra Ranjan Mukerji.
For the Respondent no. 4: Mr. Rajesh Singh.

JUDGMENT :

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 advo



























































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