Created by Fuzzy Cloud

Patna High Court

Suman DeviversusThe Insurance Ombudsman, State of Bihar and Jharkhand

Decided
Disposal
DISPOSED

Holding

The High Court set aside the Insurance Ombudsman’s order for not considering the petitioner’s documents and for denying a hearing, and remanded the matter for fresh adjudication.

Summary

The petitioner, Suman Devi, challenged an order dated 29-11-2024 passed by the Insurance Ombudsman, Patna, alleging that the Ombudsman failed to consider the 65 pages of documents she submitted and did not provide an opportunity of hearing. The High Court examined the Ombudsman's order and found that the authority neither discussed the relevance of the documents nor clarified whether they were examined, thereby violating principles of natural justice. Consequently, the Court set aside the Ombudsman's order and remanded the matter back to the Ombudsman to pass a fresh order after duly considering the documents and giving both parties a chance to be heard. The Court directed that the fresh order be communicated to the parties and be disposed of within eight weeks of receipt of the copy of the Court's order. With these directions, the writ petition was disposed of.

Issues considered

  • What is the effect of the Insurance Ombudsman's failure to consider the petitioner’s submitted documents and to provide a hearing?
  • Whether the Ombudsman’s order dated 29-11-2024 is liable to be set aside on grounds of procedural irregularity?

Subjects

  • Insurance
  • Insurance Ombudsman
  • Procedural Fairness
  • Right to be Heard
  • Writ Petition
  • Natural Justice
  • Document Consideration

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1961 of 2025
                 ======================================================
                 Suman Devi, wife of Late Rakesh Kumar Mahto @ Rakesh Mahto, resident
                 of Village-Ghataro, P.S.-Kartahan, District-Vaishali.

                                                                     ... ... Petitioner/s
                                                   Versus
           1.    The Insurance Ombudsman, State of Bihar and Jharkhand Second Floor,
                 Lalit Bhawan, Bailey Road, Patna.
           2.    Sri Ram Life Insurance Company Limited through its Chief Managing
                 Director, 5th Floor, Plot No. 31-32, Ramky Selenium, Financial, District-
                 Gachibowli, Hyderabad.
           3.    Branch Manager, Sri Ram Life Insurance Company Limited, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Rajeev Ranjan, Adv.
                 For the Respondent/s   :    Mr.Alok Kumar @ Alok Kr Shahi, Adv.
                                             Mr. Alok Shahi, Adv.
                                             Mr. Kunal Raj, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

5   24-03-2026                 A perusal of the order dated 29.11.2024 passed by the

                   Insurance Ombudsman, Patna reveals that though the petitioner

                   has submitted 65 pages documents in support of his case, the

                   same have not been discussed by the authority. It is not clear as

                   to whether the authority has gone through those documents or

                   not and what are the documents presented by the petitioner. The

                   forum has not discussed the relevancy of the said documents,

                   except stating that in the absence of reliable documentation, it

                   could not arrive at a conclusion.

                               2. Having regard to the same, the impugned order

                   dated 29.11.2024 passed by the Insurance Ombudsman, Patna
             Patna High Court CWJC No.1961 of 2025(5) dt.24-03-2026
                                                         2/2




                       (Annexure P/9) is set aside and the matter is remanded back to

                       the authority concern for passing orders afresh duly taking into

                       consideration the documents presented by the petitioner. The

                       authority shall endeavor to dispose of the case proceeding

                       before him as expeditiously as possible preferably within a

                       period of 8 weeks from the date of receipt of the copy of this

                       order. It is needless to mention that before passing any order, the

                       petitioner as well as the respondents-Insurance Company shall

                       be put on notice and given an opportunity of hearing. Any order

                       passed shall be communicated to the party.

                                   3. With the above direction, the present writ petition

                       shall stands disposed of.



                                                                 (A. Abhishek Reddy , J)
Bhardwaj/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.