Mr. Shourjyo Mukherjee Mr. Sourojit Dasgupta Mr. Vishwarup Acharyya ... for the Petitioner. This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order passed by the Insurance Ombudsman, State of West Bengal dated March 31, 2016.

The order has been assailed on the ground that a sum of Rs.29,43,261/- has been awarded by the Ombudsman which is beyond the pecuniary jurisdiction of the Ombudsman.

None appears on behalf of the respondents in spite of service on several occasions.

Counsel appearing on behalf of the petitioner/insurance company relies on a notification dated November 11, 1998 bearing No. G.S.R. 670 (E) that has been published in exercise of the powers conferred under sub-section (1) of Section 114 of the Insurance Act, 1938 . He relies on sub-clause (2) of clause 16 and the proviso therein which are delineated hereinbelow:-

“16(2). An award shall be in writing and shall state the amount awarded to the complainant:

Provided that Ombudsman shall not award any compensation in excess of which is necessary to cover the loss suffered by the complainant as a direct consequence of the insured peril, or for an amount 2 no

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