Patna High Court
Zurich Kotak General Insurance Company India LimitedversusThe Insurance Ombudsman,
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The Court set aside the award dated 11 April 2025 and remanded the matter to the Insurance Ombudsman for fresh consideration with the petitioner impleaded as a party respondent.
Summary
Zurich Kotak General Insurance Company filed a writ petition challenging an award dated 11 April 2025 passed by the Insurance Ombudsman, which directed it to pay Rs. 11,29,359 with interest. The petitioner argued that the award was passed on the same cause of action for which an earlier award had already been made, rendering the later award invalid. The High Court examined the petitioner's claim and the procedural deficiencies, notably that the petitioner was not made a party respondent before the award was passed. The Court set aside the impugned award, modified the earlier order, and remanded the matter to the Ombudsman to rehear the case, ensuring the petitioner is impleaded as a respondent and given an opportunity to object. The remitted proceedings must result in a reasoned award based on evidence from both parties.
Issues considered
- Whether the award passed by the Insurance Ombudsman is vitiated by being on the same cause of action as an earlier award
- Whether the High Court can set aside the Ombudsman’s award and remand the matter for fresh consideration
- Whether the petitioner should be made a party respondent before the Ombudsman proceeds
Subjects
- insurance
- ombudsman
- award
- same cause of action
- writ jurisdiction
- quashing award
- remand
- interest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8570 of 2025
======================================================
Zurich Kotak General Insurance Company India Limited (Formerly known as
Kotak Mahindra General Insurance Co. Ltd.), having its registered office at
27 BKC, C-27, G Block, Bandra Kurla Complex, Bandra East, P.S. Mumbai-
City, PIN- 400051, District- Maharashtra and Branch office situated at 4th
Floor, 409, N.P. Centre, New Dakbunglow Road, P.S.- Kotwali, Patna, Bihar-
800001 through its authorized signatory Mr. Gautam Yadav (Male), aged
about 39 years.
... ... Petitioner/s
Versus
1. The Insurance Ombudsman, Office of the Insurance Ombudsman, States of
Bihar and Jharkhand, 2nd Floor, Lalit Bhawan, Patna.
2. Secretary, Insurance Ombudsman, Office of the Insurance Ombudsman,
States of Bihar and Jhakhand, 2nd Floor, Lalit Bhawan, Patna.
3. Council for Insurance Ombudsman, having its office at 3rd Floor, Jeevan
seva Annexe, S.V. Road, Santacruz (W), Mumbai- 400054.
4. M/s Sushil Enterprises, Revelganj, Anand Nagar, Saran through its
proprietor Mr. Sushil Kumar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate.
For the Respondent/s : Mr. Raj Dular Sah, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
8 17-03-2026 Today the matter has been listed under the heading
‘To Be Mentioned’ at the instance of the learned counsel for the
petitioner.
2. It has been pointed out that the prayer sought for in
I.A. No. 01 of 2025 which was ordered on 23.06.2025, could
not be incorporated inadvertently in the order dated 29.01.2026.
The prayer sought for in the I.A. No. 01 of 2025 is as under:-
“(vi) For issuance of
appropriate writ/ order / direction
Patna High Court CWJC No.8570 of 2025(8) dt.17-03-2026
2/3
thereby quashing the Award No.
IO/PAT/A/G1/0001/2025-2026 dated
11.04.2025, passed by Insurance
Ombudsman, Patna with respect to
Complaint Ref No. PAT-G-054-2526-
0001, whereby the Petitioner Company
has been directed to pay Rs. 11,29,359
along with an interest @ 8.75% to be
computed from 27.12.2024 as the same
has been instituted on same cause of
action for which Award No.
IO/PAT/A/GI/0612/2024-25, dated
10.03.2025 has already been passed by
the Respondent Insurance Ombudsman.
(vii) For issuance of
appropriate writ / order / direction
thereby staying the operation of Award
No. 10/PAT/A/GI/0001/2025-2026 dated
11.04.2025 passed by the Respondent
Insurance Ombudsman during the
pendency and till the disposal of the
present writ application.”
3. Having regard to the above made submissions and
the prayer sought for in the I.A. No. 01 of 2025, the impugned
order dated 11.04.2025 in Award No. IO/PAT/A/GI/0001/2025-
2026 passed by the Insurance Ombudsman, Patna is set aside
and the matter is remanded back to the authority for considering
the case afresh. The authority shall put the complainant on
notice and direct him to make the petitioner herein a party
respondent to the proceedings before the Insurance
Ombudsman. In case the petitioner is impleaded as a party
Patna High Court CWJC No.8570 of 2025(8) dt.17-03-2026
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respondent, the authority will then issue a notice to the
petitioner herein and give him an opportunity of filing his
objections. After the objections are received from the petitioner,
the authority based on the evidence adduced by both the parties
will pass a reasoned award giving the reasons either for
allowing the claim of the Respondent No. 4 herein or rejecting
the same. Any orders passed shall be communicated to the
parties.
4. The order dated 29.01.2026 is modified to the
extent indicated above.
5. This order shall be treated as part and parcel of the
order dated 29.01.2026.
(A. Abhishek Reddy, J)
shakir/-
U
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