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ANNUAL REPORT 2011-12
insurance broker should not take up a recovery
assignment on a policy contract which has not been
serviced through him nor work as a claims consultant
for a policy which has not been serviced through him,
however, in view of the fact that the broking industry
in India is still relatively new and the expertise of the
broking industry in matters of claims settlement, etc.
are not generally availed by holders of insurance
policies, the Authority, after careful consideration of
the above, decided to relax the condition specifi ed in
Clause 7(e) of Schedule 3- Code of Conduct to permit
limited claim consultancy subject to certain conditions.
Accordingly, the Authority issued guidelines vide its
Circular No. IRDA/BRK/CIR/GLD/270/12/2011 dated
7 th December, 2011, permitting claims consultancy by
insurance brokers. Under the provision of the said
Circular, brokers are permitted to take up claim
consultancy for claims not exceeding `1 crore,
provided such a claim does not emanate from a policy
which has been placed by any other broker.
II.3 LITIGATIONS, APPEALS AND COURT
PRONOUNCEMENTS
II.3.1 The cases of litigations and appeals pertain to
the direct involvement of the Authority (such as,
regulatory issues, pricing issues,etc) as well as without
direct involvement of the Authority (such as, consumer
related cases, cases involving insurance companies,
etc.).
Particulars
TABLE II.8
DETAILS OF CASES FILED
No. of
Cases
Cases fi led in the Supreme Court 3
Writ Petitions fi led in various High Courts 107
Writ Appeals/LPAs fi led in various High Courts 14
Review/Restoration Petitions fi led in various
-
High Courts
Contempt Petitions fi led in various High Courts 1
Consumer cases fi led 29
Civil cases fi led 2
Lok Adalat cases fi led -
TOTAL 156
LPA - Letters Patent Appeal
II.3.2 The details of the litigation in terms of cases filed
before the H’ble Supreme Court, various High Courts,
Consumer Courts, Civil Courts, Motor Accidents Claim
Tribunal (MACT), and Lok Adalat, as also cases
disposed/dismissed during April 2011 to March 2012
are provided below:
The Table II.9 gives details on the petitions/cases
disposed/dismissed during the year 2011-12.
The details of the six cases filed with directions to IRDA
are as below:
TABLE II.9
NUMBER OF CASES OF PETITIONS
DISPOSED / DISMISSED
With
directions
to IRDA
Without
directions
to IRDA
Special Leave Petition (SLP) - 2
Writ Petitions disposed/ dismissed 6 81
Writ Appeals / LPAs disposed /
- 11
dismissed
Review / Restoration Petitions
- -
disposed / dismissed
Contempt Petitions disposed /
- 3
dismissed
Consumer cases disposed/
- 2
dismissed
Civil cases disposed/ dismissed - -
MACT/MRTP/Lok Adalat cases
disposed/ dismissed
- -
TOTAL 6 99
In one writ petition, IRDA was directed to ensure
that there was a provision on nomination facility
in personal accident insurance for named persons
in Motor Insurance policies.
In two writ petitions, the court directed IRDA to
dispose the representations fi led before it for non
renewal of agency license and termination of
corporate agency.
In one writ petition, the court directed IRDA to
dispose the representation of the petition on
enhancement of Motor Third Party premium.
In one writ petition, the Authority was directed to
dispose the representation of the petitioner i.e.,
the association for surveyors & loss assessors.
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