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2025 Supreme(Online)(Bom) 6640

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
TATA AIG General Insurance Co. Ltd. – Appellant
Versus
Vinay Sah, Insurance Ombudsman, Pune – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Maithili Parikh, Mr. Nabeel Malik, Ms. Sanjana Sapra
For the Respondents: Mr. Avinash Fatangare, Ms. Archana Shelar

JUDGMENT

1) This an unfortunate case, where all three male members of the family passed away in a short span of 6 months leaving behind the family in penury. The widow’s claim towards insurance availed by her husband as a part of package of housing loan availed for purchase of their home, is repudiated by the Petitioner insurance company. Due to widow’s inability to repay the housing loan, the finance company has attached the flat for sale. The Insurance Ombudsman has allowed the claim preferred by the widow and has directed Petitioner to pay to her the claim amount of Rs.27,00,000/- vide impugned award dated 21 November 2022. Petitioner is aggrieved by the award dated 21 November 2022 and has filed the present petition.

2) Brief facts of the case are that Respondent No. 2 and her late husband dreamt of owning a house. They planned to purchase of Flat No. 704 on 7th floor of building Sonadevi Residency situated at plot No. 1, 9/2a and 12/4, Survey No. 1 village Temghar, Bhiwandi, Dist. Thane (the Flat). The husband of Respondent No. 2 was working as a teacher in ABS International School. After negotiations, sale consideration of the flat was agreed at Rs.30,70,000/-. The duo register

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