Central Information Commission
Mr.Dipta Moltra vs Insurance Division on 4 February, 2013
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/2012/001449
Appellant /Complainant : Shri Dipta Maitra, Kolkata (WB)
Represented by Sh. D. Debroy
Public Authority : New India Assurance Co. Ltd.,
Mumbai/Kolkata
(Sh. P.K. Sahu, CPIO, Sh. S.K. Das,
Mgr., Sh. Bhaskar
Malick, CPIO & Sh. Borun Sinha, Sr.
Dev. Mgr. through
Videoconferencing)
Date of Hearing : 04 February 2013
Date of Decision : 04 February 2013
Facts:
1. Applicant submitted RTI application dated 23 December 2011 before the CPIO, New India Assurance Co. Ltd., Kolkata vide which he sought to have copies of (1) opinion of the Advocate, Addendum Survey Report and Claim Disposal Note(s) in respect of repudiation of their claim No. 510100/21/07/02/90000004 and 90000005.
2. Vide CPIO's order of 30 January 2012 while denying the disclosure of the information of the Advocate, furnished the other information.
3. Applicant preferred appeal dated 24 April 2012 before the FAA.
4. Matter was disposed of vide FAA order 18 May 2012 vide which the disclosure of the legal opinion was denied under the provisions of section 8(1)(d)(e) & (j) of the RTI Act.
5. Appellant preferred second appeal before the Commission.
6. Matter was heard today via videoconferencing from Kolkata where appellant along with CPIO was present. Other representatives of the public authorities appeared in person as recorded above.
7. Respondent clarified that there was no requirement to appoint a Surveyor in cases where the insured property had gone missing as in the present case. However, investigation have been done and the copy of the report had been provided to the appellant. CPIO stated that legal opinion held several Appeal: No. CIC/DS/A/2012/001449 citations , the disclosure of which would harm the interest of the insurer/respondents.
8. Appellant submitted that they were a Public Sector Undertaking and must be provided with the copy of the Advocate's opinion which had been relied upon for repudiating the claim as was recorded in the concluding paragraph of the Claim Disposal Note provided to them. Respondent countered by stating that the decision to settle the claim was taken not only on the basis of legal opinion but also other documents such as the police report.
Decision notice
9. After hearing both parties Commission is of the view that there is need for transparency in the present case where the appellant which is a public sector undertaking seeks to have information regarding the grounds on which their insurance claim has been repudiated. Therefore the CPIO is directed to provide inspection to the appellant of the legal opinion as per point 1 of the RTI application, after masking under section 10 of the Act, those portions which hold the citations within three 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. Shri Dipta Maitra Senior Manager - Hindustan Copper Ltd., Tamra Bhawan, 1, Ashutosh Chowdhury Avenue, P.B. No. 10224, Kolkata700019(WB)
2. The CPIO Manager New India Assurance Co. Ltd., Kolkata Regional Office 510000 4, Mangoe Lane, Kolkata700001(WB) Appeal: No. CIC/DS/A/2012/001449
3. The Appellate Authority Dy. General Manager New India Assurance Co. Ltd., Head Office : New India Assurance Bldg., 87, M.G. road, Fort, Mumbai400001(Maharashtra) Appeal: No. CIC/DS/A/2012/001449