NATIONAL INSURANCE COMPANY LIMITED Vs. SUJIT KUMAR BANERJEE

JUDGEMENT

(1.) The above-mentioned appeals arise out of two separate judgments and orders, both dated 2 Dec., 2014, passed by the Learned Single Judge in WP No. 304 of 2009 and WP No. 999 of 2009. However, since the said two writ petitions arise out of the same set of facts, the two appeals have been taken up together for hearing and disposal by this common Judgment.

(2.) The respondent is admittedly an agent of the appellant National Insurance Co. Ltd. (in short 'NICL'). The respondent claimed agency commission from NICL for procuring insurance business for the Company. Admittedly, the respondent acted as a liaison in the capacity of an agent in respect of two insurance policies taken by the Kolkata Police from NICL. The policies are the Group Personal Medi-Claim Policy (in short 'Mediclaim Policy') and the Group Personal Accident Policy (in short 'Accident Policy'). The policies are for the benefit of the persons in the employment of the Kolkata Police. The claim of the respondent is on account of agency commission in connection with the mediclaim policy. On the refusal of NICL to pay the claimed amount, the respondent filed WP 304 of 2009 praying for, inter alia, the following reliefs:-

(3.) The learned Judge allowed the writ petition. Hence, this appeal.