2003 (12) TMI 325

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....o 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 categorization 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 regula....

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....ree 'notes' which read as under :- "Note:- 1. Category A surveyor will be eligible for jobs falling under the financial limits of Category B. Similarly category B surveyor will be eligible for jobs falling under the financial limits or category C. 2. Category C surveyor shall not be eligible for the limits of categories B and A. Similarly category B surveyor shall not be eligible for the limits of Category A surveyors. 3. Financial limits are based on the estimated value of the loss in the opinion of the insurer." 4. Subsequently, in 2003, by the circular dated 24-5-2003, these limits were revised and with regard to Motor Insurance claims, the following revision was made:- "Motor Category 'C', the existing limit of Rs. ....

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....Mr. Hazarika, who appears for IRDA, that this is not the purport and intend of the impugned circulars, which are clear in themselves. In this regard, it would be appropriate to examine the 'notes' appended to the circular dated 11-9-2001 as that would make the picture absolutely clear. The 'Notes' which have been set out above clearly specify that while category 'A' surveyors will be eligible for jobs falling under the financial limits of category 'B' and, similarly, category 'B' surveyors would be eligible for jobs falling under the financial limits of category 'C', the reverse is not true. In other words, category 'C' surveyors shall not be eligible for the limits of category 'B' or 'A' nor will category 'B' surveyors will be eligible for....