2003 (12) TMI 325 - HC - Companies Law

Summary

Issues involved:
Categorization of insurance surveyors and loss assessors, interpretation of regulations, challenges to circulars setting financial limits for surveyors, exclusion of category 'A' surveyors from category 'B' limits.

Analysis:

Categorization of insurance surveyors and loss assessors:
The judgment deals with the issue of categorization of insurance surveyors and loss assessors, particularly concerning motor insurance claims. The petitioners, falling under category 'A', challenged the circulars issued by the Insurance Regulatory and Development Authority (IRDA) setting financial limits for different categories of surveyors. The regulations allowed for categorization based on professional qualifications, training, and experience. The circulars dated 11-9-2001 and 24-5-2003 prescribed financial limits for categories 'A', 'B', and 'C' surveyors, with subsequent revisions increasing the limits for motor insurance claims.

Interpretation of regulations:
The judgment analyzed the regulations governing insurance surveyors and loss assessors, emphasizing the criteria for categorization and the allocation of specific departments based on professional qualifications and experience. Regulation 14(3) specified the categorization into categories 'A', 'B', and 'C'. The court examined the notes appended to the circular dated 11-9-2001, clarifying that category 'A' surveyors could operate within the financial limits of category 'B', while category 'B' surveyors could operate within the limits of category 'C'. The reverse was not permitted, ensuring each category's exclusivity within defined financial limits.

Challenges to circulars setting financial limits:
The petitioners challenged the categorization of surveyors and loss assessors as per the circulars dated 11-9-2001 and 24-5-2003, alleging that the limits restricted category 'A' surveyors from operating within category 'B' limits. However, the court clarified that category 'A' surveyors were permitted to operate within both category 'A' and 'B' limits, excluding category 'C' operations. The revised circular of 24-5-2003 further confirmed the operational boundaries for each category of surveyors, ensuring clarity and exclusivity within defined financial limits.

Exclusion of category 'A' surveyors from category 'B' limits:
The judgment concluded that category 'A' surveyors were eligible to operate within the financial limits of category 'B', as per the regulations and circulars issued by the IRDA. The court directed the respondent insurance companies to permit the petitioners to carry on their work within the financial limits of category 'A' and 'B', ensuring compliance with the circulars while maintaining the exclusivity of operations for each category. The writ petitions were disposed of, with parties bearing their own costs.