Central Information Commission
Shri K.C. Talwar vs The New India Assurance Company Limited on 20 November, 2008
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2008/00985
Dated, the 20th November, 2008.
Appellant : Shri K.C. Talwar
Respondents : The New India Assurance Company Limited
This matter came up for hearing on 19.11.2008. Appellant was absent while the respondents were represented by Shri P.K. Sinha, Chief Manager in response to the Commission's notice dated 01.11.2008.
2. The short-point for decision in this matter is whether a report purportedly prepared by M/s.V.B. Associates on the basis of which the respondent-company repudiated the insurance claim of the present appellant, be disclosed to the appellant.
3. Appellate Authority had cited exemptions under Section 8(1)(d) and 8(1)(e) of the RTI Act for not disclosing the above-mentioned information to the appellant.
4. I'm afraid I do not agree with the conclusion of the Appellate Authority in this matter. It is an admitted fact that the report now requested by the appellant was the basis on which the appellant's insurance claim was repudiated by the New India Assurance Co Ltd. It is only just and proper that such a report is disclosed to the person who is affected by it. Since this report forms part of a chain of action which are gone through before a decision on an insurance claim of the insured party is made, it stands to reason that such a report be disclosed to the party whose interest is directly related to its contents. The plea of confidentiality and fiduciary relationship does not hold good in such a matter. In my view, it is in public interest that the contents of all such investigation reports, which are used by insurance companies to determine the claim of an insured party, must be subject to disclosure in the interest of transparency in the functioning of the public authority and the larger good of the public. It is difficult to accept the position of the respondents that as an insurance company, they are only required to inform an insured party that they are repudiating his insurance claim without being obligated to provide to him the sources on which that decision was based.
5. In view of the above, it is directed that the requested information shall be disclosed to the appellant within two weeks of the receipt of this order by the CPIO, Shri P.K. Sinha, Chief Manager.
Page 1 of 26. Appeal allowed.
7. Copy of this decision be sent to the parties.
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