ASHIT KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions raise identical issues and are, therefore, with the consent of the parties, taken up for final disposal together.

(2.) The issue involved in these petitions is with regard to the categorisation of insurance surveyors and loss assessors and particularly those with regard to motor insurance claims.

(3.) The petitioners in each of the writ petitions are insurance surveyors/loss assessors. Originally, under the Insurance Act, 1938 (hereinafter referred to as the said Act) there were no categorisation of insurance surveyors / loss assessors. Subsequently, the Insurance Regulatory and Development Authority Act, 1999 came into effect (hereinafter referred to as the IRDA) and even the said Act was amended. Pursuant to the said amendment and the coming into effect of the IRDA, the Insurance Surveyors and Loss Assessors (Licensing, Professional Requirements and Code of Conduct) Regulations, 2000 (hereinafter referred to as the said Regulations) were brought out. Chapter V of the said Regulations permitted the regulation of surveyors on the basis of certain criteria such as professional qualification, training undergone, experience as a surveyor and any other criteria as may be specified by the authority thereunder. Regulation 14 (3) of the said Regulations stipulated that the categorisation shall consist of allocation of one or more specific departments of insurance business based on the factors mentioned above and shall include categorisation of the surveyors and loss assessors into three categories, viz, category `A' category `B' and category `C'. Pursuant to the said regulations and provisions of the said Act, the impugned circular dated IRDA/SLA/1/2001 dated 11.9.2001 was issued by the Chairman of the IRDA. This circular is impugned in the present writ petitions along with the subsequent circular of 24.5.2003, whereby the limits prescribed for the categories has been enhanced. The circular dated 11.9.2001 prescribed the financial limits of categories of surveyors and loss assessors for various departments of the insurance companies including motor (public and private). In these petitions, we are only concerned with the surveyors and loss assessors in respect of motor (public and private). The limits for the variation categories that have been prescribed for this department are as under: Category `A'.......................above Rs.1.5 lacs. Category `B'.......................upto Rs.1.5 lacs. Category `C'...................... upto Rs.75,000/-. The same circular dated 11.9.2001 carries three 'notes' which read as under:- "NOTE :-