(ix) It has been argued that the instructions in the
circular dated 12th October 2022 come into
force prospectively. This argument must also be
rejected. The IRDAI has been prompted to
issue the directions in the circular for the sole
reason that it was observed by the regulatory
authority that various insurers were repudiating
the claims on the pretext of the so called
‘exclusions’ in the policy document and hence
the regulatory authority was compelled to issue
the said directions. Thus, it stands to reason
that the directions have been issued to rectify
the arbitrary refusal of claims. Hence, the same
obviously applies to past refusals on the grounds
as mentioned in the circular.
REPORTABLE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2839 OF 2021
Rita Kirit Joshi Vs NEW INDIA ASSURANCE COMPANY,
CORAM : G.S.Patel & Neela Gokhale, JJ.
PRONOUNCED ON : 1st March 2023
JUDGMENT ( Per Neela Gokhale J) :-
Citation: 2023 Lawweb (Bom HC ) 12.
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