Insurance Ombudsman Performs Quasi-Judicial Functions While Deciding Complaints; Award Can Be Challenged Under Article 227

Case: Aditya Birla Sun Life Insurance Co. Ltd. v. Insurance Ombudsman & Anr.

Coram: Justice G. S. Kulkarni

Case No.: WP/7804/2021

Court Observation: “…. the adjudication of a complaint before the Insurance Ombudsman possesses all essentials of a judicial/quasi-judicial adjudication akin to an adjudication by a tribunal”

It thus may not be an acceptable proposition that merely because Sub-Rule (8) of Rule 17 provides that an award shall be binding on the insurer, the insurer would be precluded from assailing the award by invoking the jurisdiction of this Court under Article 227 being a remedy as guaranteed by the Constitution, more particularly, being an adjudication governed by statutory rules as noted above.

“The observations and conclusions of the Insurance Ombudsman are bereft of any reasoning on such material which formed part of the record before him, they are cryptic, as also extraneous to the issue before him”

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Keywords

Insurance Ombudsman, Quasi-Judicial Functions