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2017 Supreme(Cal) 428

NISHITA MHATRE, TAPABRATA CHAKRABORTY
Life Insurance Corporation of India – Appellant
Versus
Insurance Ombudsman – Respondent


Advocates Appeared:
For the Appellants :Saptangsu Basu, Soma Roy Chowdhury, Advocates
For the Respondents:Bikash Ranjan Bhattacharya, Partha Sarkar, Abhijit Basu, Advocates

JUDGMENT :

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



















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