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2011 Supreme(Online)(KER) 28698

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
KERALA STATE PRIVATE BUS OPERATORS FEDER – Appellant
Versus
INSURANCE REGULATORY & DEVELOPMENT AUTHO – Respondent


JUDGMENT

This batch of writ petitions pertains to a common cause, being aggrieved of Ext. P2 notification (Exhibits referred to as given in W.P. (C) 13288 of 2011) issued by the first respondent / Insurance Regulatory and Development Authority (IRDA in short), declaring the rates of insurance premium in respect of the motor third party insurance, to be made applicable w.e.f 25.04.2011. Challenge is mainly with regard to the power and jurisdiction of the first respondent, denial of opportunity of hearing to the petitioners and also in respect of the extent of enhancement.

2. The petitioners are various associations, representing the Stage carriage operators, Contract carriage operators, Tourist bus operators, Car and taxi operators, Lorry and other goods carriage operators in the State. The common contention is that, as per Ext. P2 issued by the first respondent / IRDA, the rates on motor third party premium have been enhanced to an exorbitant extent, in a quite arbitrary manner, that too, without any involvement of the 2nd respondent / Tariff Advisory Committee (TAC in short).

3. W.P (C) No. 13288 of 2011 stands admitted on 10.05.2011 by the vacation Court, also granting interim stay

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