Rajasthan

StateCommission

A/462/2015

Universal Sampo Gen. Ins. Co. Ltd. - Complainant(s)

Versus

Narayan S/o Ladu And Others - Opp.Party(s)

J.K.Agarwal

14 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 462 /2015

 

Universal Sompo General Insurance Co. corporate office at A-Wing, 201-208 Crystal Plaza 2^nd floor, Opp.Infinity Mall Andheri (W) Mumbai

Vs.

Narayan s/o Ladu & ors. All r/o village Rupaheli, Tehsil Malpura Distt. Tonk

 

Date of Order 14.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.R.K.Tongawat counsel for the appellant

Mr.Bharat Yadav counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the

2

 

learned DCF, Tonk dated 28.1.2015 whereby the claim has been allowed on non-standard basis.

 

The only contention of the appellant is that the appellant is a private insurance company and it cannot be held liable on non-standard basis and reliance has been placed on the judgment in Revision Petition No. 4290/2010 ( Iffco Tokiyo GIC Co. Ltd. Vs. Gaurav Bhargava ) decided by the National Commission on 28.1.2015 where the court has held that the guidelines for non-standard basis applies only to the Public Sector Insurance Companies which were earlier subsidiaries of the General Insurance Company. They are bound by their guidelines and not private Insurance Companies such as IFFCO Tokio General Insurance Co. Ltd. Here case is the same and a private Insurance Company cannot be held liable for non-standard basis as the guidelines are not binding on it.

 

In view of the above, the appeal is allowed and the judgment and award passed by the court below is set aside.

 

(Kailash Soyal) (Nisha Gupta )

Member President

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