#Rule 17 Insurance Ombudsman Rules 2017

[seemabhatnagar]

"Kerala High Court Limits Insurance Ombudsman's Authority on Premium Directives"

The Court dismissed the Writ Appeal of the Medi Claim Policy Holder N S Gopakumar holding Insurance Ombudsman exceeded his jurisdiction by directing insurance Company to renew the policy at original premium.

N S Gopakumar v. The Oriental Insurance Company Limited & Insurance Ombudsman Ernakulam

Writ Appeal 1349/2023

Before the High Court of Kerala at Ernakulam

Heard by Hon'ble Mr. Justice A Muhamed Mustaque J & Hon'ble Madam Justice Shobha Annamma Eapen J

Fact: The appellant, N.S. Gopakumar, had a medi-claim policy with The Oriental Insurance Company Ltd. through Punjab National Bank. The premium was increased significantly during the renewal of the policy. Aggrieved with the high premium, the appellant approached the Insurance Ombudsman, who directed the insurance company to renew the policy at the original premium. The insurance company challenged this directive in the High Court.

2. Legal Issue: Does the Insurance Ombudsman have the authority to direct an insurance company to renew a policy at the originally charged premium?

3. Point of Argument:

Argument of the Appellant - The appellant argued that Rule 13 of the Insurance Ombudsman Rules, 2017, grants the Insurance Ombudsman the power to direct the insurer to renew a policy at the original premium.

Argument of the Insurance Company - The insurance company contended that the Ombudsman can only award compensation under Rule 17 of the Rules, not direct policy renewals at specific premiums.

4. Court's Observation:

Rule 13 outlines the duties and functions of the Insurance Ombudsman, including dealing with disputes over premiums.

Rule 17 restricts the Ombudsman's power to award compensation and does not include the authority to direct policy renewals at specified premiums.

5. Legal Point: The matter revolves around the interpretation of the Insurance Ombudsman Rules, specifically whether the Ombudsman’s authority to handle premium disputes extends to directing policy renewals at historical premium rates.

[dpr-lahore-division]

CM PAYS TRIBUTES TO MARTYRED POLICE OFFICIALS

With the compliments of, The Directorate General Public Relations,

Government of the Punjab, Lahore Ph: 99201390.

No.1419/QU/Umer

HANDOUT (A)

LAHORE, August 31:

           Chief Minister Punjab Sardar Usman Buzdar has paid tributes to martyred police constables Adil Hussain and Ebad Dogar who sacrificed their lives in the line of duty in Manga Mandi. In a statement, the CM extended sympathies to their heirs adding that the Punjab government will not leave them alone. Such brave officials are the pride of the Police and I salute their bravery and courage, he added.

*****

No.1420/QU/Umer

HANDOUT (A)

47th CABINET MEETING ACCORDS COMPLETE AUTONOMY TO SOUTH PUNJAB SECRETARIAT

LAHORE, August 31:

           The 47th provincial cabinet meeting, held under the chair of Chief Minister Punjab Usman Buzdar at his office on Tuesday, approved amendments in Punjab Government Rules of Business, 2011.

           Accordingly, the acts and powers of south Punjab's additional chief secretary, secretaries and departments have been defined. The south Punjab secretariat will comprise three divisions, 11 districts and 17 government departments with complete administrative authority to ACS (South Punjab) and secretaries. The ACS (South Punjab) is given the authority to transfer grade-17 officers including assistant commissioners. He is empowered to approve the budget and provide funds to the offices of commissioners, DCs and ACs along with the authority to write ACRs of south Punjab departments' secretaries. The south Punjab departments' secretaries are given all those powers of promotions, transfers and recruitments which are available to their counterparts in the province of Punjab. The heads of autonomous bodies, boards, authorities and companies will be answerable to respective secretaries.

           The outsourcing of government rest/guest houses was approved as well. TDCP would be allowed to give government rest/guest houses on a 20-year lease with the option of a 10-years extension. The lease will be given through an open auction to ensure transparency.

           The meeting allowed IDAP for the construction and rehabilitation of 32 KPK hospitals to promote interprovincial harmony along with the approval of an affordable housing model for peri-urban areas. According to the decision, the use of a three billion rupees revolving fund will be permitted for infrastructural development. The cabinet approved the establishment of the Punjab Commission for Illegal Housing Societies with retired Justice Azmat Saeed as its head. Matters about the release of fitness certificates for transport vehicles were approved along with the decision to amend Punjab Pension Fund and Punjab General Provident Investment Fund's Act. After the amendments, Punjab Pension Fund and Punjab General Provident Investment Fund will be empowered to invest in 100 % government schemes and national saving schemes.

           The cabinet decided to constitute a cabinet standing committee for universal health insurance along with amendments in The Punjab Medical and Health Institutions Act, 2003. After this, the BOM matters of hospitals will be streamlined. Steps relating to the promotion of austerity were approved for 2021-22 by the austerity committee and it was decided to hand over Lahore Museum to the Archaeology Department.

           The cabinet approved operationalization of PHA in Sialkot, endorsement of the charter of Lahore Institute of Science and Technology and Grand Asian University Sialkot along with the approval of posting of the chairperson of Punjab Commission on Status of Women according to rules. The annual calendar for the fourth parliamentary year of the Punjab Assembly for 2021-22 and the Provincial Ombudsman's annual report for 2020 was also approved.

           It was decided not to nominate a below grade-20 officer for BoG of the National School of Public Policy. Formal approval of Amjad Ali Awan for the post of CEO Punjab PPP Authority was allowed. Similarly, the performance audit report about the 2017-18 audit of Cholistan Development Authority Bahawalpur and the audit report of the accounts of Works Department for 2020-21 were approved. AGP reports about the district governments' accounts for 2017-18 and 2020-21 were recommended, as well. AGP reports about Punjab government accounts for 2016-17, 2018-19 and 2020-21 were confirmed. AGP reports about district governments' accounts for 2019-20 were also accepted along with the approval of a monitoring report about the implementation of NFC award July-December 2019 and January-June 2020 were passed. The proceedings of the 46th meeting of the provincial cabinet, decisions made in the 59th meeting of the cabinet standing committee for finance and development and the decisions made in the 63rd-67th meetings of the cabinet standing committee for legislation were also approved.