Central Information Commission
M.Jambunathan vs Insurance Division on 1 August, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2011/001057 and
CIC/DS/A/2011/003548
Appellant /Complainant : Shri Murugaswamy Jambunathan,
Coimbatore
Public Authority : National Insurance Co. Ltd.,
Coimbatore
(Sh. S. Senthilvel, Astt. Mgr. & Sh.
C.V.Raja, CPIO
Through videoconferencing)
Date of Hearing : 01 August 2012
Date of Decision : 01 August 2012
Facts:
1. Appellants submitted RTI applications dated 11 August 2011 before the CPIO, NICO., Coimbatore seeking the copies of documents w.r.t Insurance claims on Policy bearing nos. 650201/11/08/3100000799 and 650201/11/09/3400000130 for the loss incurred by the insured on 20/4/2009.
2. Vide CPIO Orders dated 9 September 2011, CPIO provided information to the Appellants.
3. Not satisfied by the CPIO's Reply, the Appellants preferred first Appeal to the First Appellate Authority dated 16 September 2011.
4. Vide FAA's Order dated 20 September 2011, the FAA dismissed the appeal upholding the CPIO's daeacision.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellants preferred second appeal before the Commission.
Appeal: No. CIC/DS/A/2011/001057 and CIC/DS/A/2011/003548
6. Matter was heard today via videoconferencing from Coimbatore where both parties as above were present and made submissions. CPIO submits that they have already provided to both the appellants, photocopies of all the unabridged survey reports, inspection and test reports, opinion of the independent surveyor held in 228 pages, a copy of the Metrological report along with 42 photographs pertaining to the claim. Appellant submits that they had been given photocopies of the report of the Meteorological Department which was collected by the thirdparty and provided to the respondent. Appellant pleaded for a copy of the metrological report issued by the Meteorological Department to the Insurance Company. Appellant also fervently argued in favour of disclosure of information relating to correspondence exchanged between the branch, divisional and regional offices with head office and also with each other along with the minutes of the regional committee and the office notes vide which the repudiation of the claim had been examined and finally decided upon as sought under points 9, 10 and 11 of the RTI application. CPIO denied disclosure of the same on the grounds that these were internal communications and decisions.
Decision notice
7. After hearing both parties Commission directs CPIO as follows:
Point 7: CPIO is directed to provide the appellant with a copy of the meteorological report which was requested for an issued to the company.
Points 9, 10 and 11: Commission is of the view that this information is disclosable as now, the matter has been Appeal: No. CIC/DS/A/2011/001057 and CIC/DS/A/2011/003548 fully examined by the insurer and the claim has since been repudiated and the case is closed.
8. Information to the provided within two weeks of receipt of the order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Sh. Murugaswamy Jambunathan S/o Sh. P.U. Murugaswamy The Invincible, 34, Shri Shakthi Nagar Thondamuthur Road Bharathiar University Post Coimbatore641046 (Tamil Nadu)
2. The CPIO National Insurance Co. Ltd., City Branch3, Cauvery Complex, 2nd. Floor 1670, Trichy Road, Ramanathapuram Coimbatore641045 (Tamil Nadu)
3. The Appellate Authority National Insurance Co. Ltd., City Branch3, Cauvery Complex, 2nd. Floor 1670, Trichy Road, Ramanathapuram Coimbatore641045 (Tamil Nadu) Appeal: No. CIC/DS/A/2011/001057 and CIC/DS/A/2011/003548