In the High Court of Punjab and Haryana, at Chandigarh

Civil Writ Petition No. 5885 of 2010

Date of Decision: 8.8.2012

Satish Kumar & Others

... Petitioners

Versus

Surjit Kaur and Others

... Respondents

CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.

Hon'ble Mr. Justice Tejinder Singh Dhindsa.

Present: Mr. D.P. Gupta, Advocate (Amicus Curiae).

Mr. Sumeet Goel, Advocate

for the Insurance Regulatory & Development

Authority.

Mr. Brijeshwar Singh Kanwar, Standing Counsel

for Union of India.

Ms. Gurveen H. Singh, Additional Advocate

General, Punjab.

Mr. Sanjay Kaushal, Senior Standing Counsel

for Union Territory, Chandigarh.

Mr. B.S. Rana, Additional Advocate General,

Haryana.

Jasbir Singh, Acting Chief Justice (Oral)

In pursuant to observations made by learned Single Judge of

this Court, in his order dated 3.3.2010 the matter was taken up by this

Court as a public interest litigation.

When disposing of F.A.O. No. 2704 of 2009 titled as “Satish

Kumar & Others Vs. Surjit Kaur & Others” arising out of an award dated

8.4.2009, learned Single Judge of this Court felt that the following issues

Civil Writ Petition No. 5885 of 2010

2

of great public importance require consideration:-

“(i)

Regarding uploading of the data of the vehicles

insured with various Insurance Companies

Possibility of putting the same on website needs to

be explored so that any person who is affected by a

motor accident can get the information about

insurance of the vehicle involved in the accident.

Many a times it is noticed that in the petition filed by

the claimants, a respondent is impleaded by

mentioning that the name of the Insurance Company

is to be disclosed by the owner and driver of the

vehicle and that the name does not come on record

for the reason that owner and driver of the vehicle is

not served.

(ii)

Non guidance of the owners of the vehicles

regarding various risk which can be covered while

getting the vehicle insured. Numerous cases have

been noticed in which the burden of claim in a motor

accident was put on the owner of the vehicle on the

plea raised by the Insurance Company that the

premium to cover that kind of risk had not been paid

by the owner of the vehicle though the amount

payable therefor was a few hundred rupees only.

The reason for this can be that prospective

customers, who are to get their vehicles insured, are

not properly guided and details about various risks

which can be covered and the premium payable

therefor is not informed.

Mr. D.P. Gupta, Advocate who was present in Court

and deals with the cases of Insurance Company informed

that the Insurance Regulatory and Development Authority,

which has been constituted under the Insurance Regulatory

and Development Authority, 1999, is regulating the entire

Civil Writ Petition No. 5885 of 2010

3

insurance business in the country conducted by various

insurance companies.”

In response to various directions issued by this Court, reply by

way of an affidavit of Randip Singh Jagpal, Joint Director, Insurance

Regulatory and Development Authority, was placed on record indicating

ways and means to meet the questions raised in order dated 3.3.2010.

Paragraph No.4 of the said affidavit reads thus:-

“4.

We humbly submit that in compliance of the

direction of the Honourable High Court, the Authority

has decided that on a trial basis (beta version), a

link will be provide through the web portal of IIB, to

enable victims of motor vehicle accidents who are in

need of details of insurance policy of involved

vehicle(s) and the insurer concerned, to enable

him/his representative to expedite the proceeding of

claim arising out of the accident. The beta version

(trial version) can be accessed through the website

of Insurance Information Bureau (ww.iib.gov.in).

(The copy of Screen shot is marked as Annexure

1). Since the data check for cleansing and removing

errors from nearly