An Insurance Ombudsman must not rely on inadmissible evidence; doing so undermines the principle of fair adjudication required in quasi-judicial proceedings.

JUDGMENT :

MANISH CHOUDHURY, J.

Invoking the extra-ordinary and discretionary jurisdiction under Article 226 of the Constitution of India, assail is made in this writ petition to an Award dated 31.03.2023 passed by the Insurance Ombudsman, Guwahati as well as to an Order dated 10.01.2023 passed by the respondent Chola MS General Insurance Company Limited.

2. By the Order dated 10.01.2023, the respondent Chola MS General Insurance Company Limited [hereinafter also referred to as ‘the Insurer’, at places, for easy reference] as the Insurer had repudiated a claim submitted by the petitioner as the Insured allegedly on the ground of deliberate and wilful misrepresentation on the part of the petitioner-Insured. By the Award dated 31.03.2023, the Insurance Ombudsman had treated the complaint lodged by the petitioner-Insured against the claim repudiation as ‘closed’.

3. The background facts which are necessary and relevant for adjudication of the issues raised and involved in the writ petition can be exposited, briefly, at first.

4. The petitioner is the registered owner of a vehicle, TATA Ultra LPT 1518 [Truck] bearing Registration no. AS-09/AC-7560 [hereinafter referred to as ‘the subject-vehicle’, at places, for easy reference]. As per the Certificate of Registration issued by the District Transport Office, Karbi Anglong, Diphu, the subject-vehicle was registered on 28.02.2019. The subject-vehicle was covered by an Insurance Policy no. 3379/02289807/000/03 for the period from 15.02.2022 to 14.02.2023 issued by the respondent-Insurer upon payment of an insurance premium of Rs. 53,278/-. The premium amount included premium for own damage claim to the extent of Rs. 19,07,970/-. The subject-vehicle was issued a Certificate of Fitness issued by the District Transport Office, Karbi Anglong, Diphu as a Transport Vehicle [Goods Carrier] for the period from 11.10.2021 to 10.10.2023. The subject-vehicle was also issued a Public Carrier’s Permit having validity from 28.02.2019 to 27.02.2024.

5. It is stated that on 26.10.2022, the subject-vehicle met with an accident at Dhodar Ali Road, near ASTC Bus Stand, Amguri, District – Sivasagar when it was proceeding from Namti side towards Amguri Town side. As per the petitioner, the subject-vehicle, at the time of the accident was loaded with rice and was driven by the petitioner himself. The accident was due to a collision with a Trailer bearing Registration no. RJ-09/GD-7194. As a result of the collision, extensive damage was caused to the front-side of the subject-vehicle. Certain damage was also caused to the back-end of the Trailer. The petitioner had claimed that he had also sustained injuries on his person. In connection with the accident, a General Diary Entry vide G.D. Entry no. 576 was registered on 26.10.2022 itself at Amguri Police Station.

6. After causing an enquiry, the Officer In-Charge, Amguri Police Station submitted a Police Report on 07.12.2022. As per the Police Report, annexed as Annexure-5 to the writ petition, due to the collision, the front of the subject-vehicle sustained extensive damage and the Trailer was damaged in the back-end. In the course of enquiry, both the vehicles were seized at the spot and t