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2005 Supreme(Ker) 541

RAJEEV GUPTA, K.S.RADHAKRISHNAN
National Insurance Co. Ltd – Appellant
Versus
Indus Motor Co. Pvt. Ltd – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Insurance Ombudsman has rejected the complaints filed by Indus Motor Co. Pvt. Limited under Rule 13 of the Redressal of Public Grievances Rules, 1998, (for short “the Rules”) claiming an amount of Rs.9,44,551/- with interest from the United India Insurance Company Limited and also Rs.10,94,404/- with interest from the National Insurance company Limited. Insurance Ombudsman, Kochi dismissed both the complaints stating as follows:

“On an examination of the allegations in the complaint and the cause title of the complaint, I find that the insured is a company registered under the Indian Companies Act, 1956 and hence the Insurance policy cannot be said to have been taken on “Personal Lines” or in other words, in an “individual Capacity” as defined in Rule 4 (i) and in Rule (k) of the Redressal of Public Grievances Rules, 1998 and as such, the Insurance Ombudsman, Kochi has no jurisdiction to entertain the above complaint and grant the relief.”

2. Petitioner, a private limited company registered under the Companies Act, contended before the learned single judge that the Ombudsman was not justified in rejecting the complaints filed under Rule 13 of the Rul

























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