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Delhi High Court - Orders

Indian Institute Of Insurance ... vs General Insurers (Public Sector) ... on 10 April, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~60
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 4399/2023 and CM APPL. 16940/2023, 16941/2023
                                INDIAN INSTITUTE OF INSURANCE SURVEYORS AND LOSS
                                ASSESSORS (IIISLA)                           ..... Petitioner
                                               Through: Mr. Rajshekhar Rao, Sr. Advocate
                                                        with Mr. Kushal Kumar, Mr. Akash
                                                        Deep Gupta and Ms. Mehrunisha
                                                        Jaitley, Advocates (M: 7046947982).

                                                    versus

                                GENERAL INSURERS (PUBLIC SECTOR) ASSOCIATION OF
                                INDIA (GIPSA) & ANR.                 ..... Respondents
                                               Through: None.

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 10.04.2023

1. This hearing has been done through hybrid mode.

2. The present petition has been filed seeking quashing of the impugned expression of interest issued by Respondent No. 1 for the empanelment of Digital Service Provider for assessment of motor own damage losses up to Rs. 50,000/-. Further, it is prayed that Respondent No. 1 be directed to cease and desist from engaging external agencies/service providers for assessment of motor own damage losses up to Rs. 50,000/- .The grievance of the Petitioner in this case is that external agencies are being appointed by the Respondent No.1-General Insurers (Public Sector) Association of India ('GIPSA') for the purposes of survey and loss assessment of motor insurance claims below the 'No Survey' limit. Such external agencies are not Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31 following the mandatory requirements. Further, the engagement of such independent surveyors is compromising the quality and the process of carrying out surveys.

3. Mr. Rao, ld. Sr. counsel submits that in some cases it is noticed that unqualified people are also being engaged for carrying out such surveys.

4. Let a copy of this writ petition be served upon the Respondents who shall be ready to make submissions on the next date of hearing. Let the ld. Counsel for the Insurance Regulatory and Development Authority of India ('IRDAI') also be served in the matter.

5. List on 19th April, 2023.

PRATHIBA M. SINGH, J.

APRIL 10, 2023 Mr/rp Signature Not Verified Digitally Signed By:RAHUL Signing Date:11.04.2023 18:51:31