Complainant cannot accept award up to limit and approach consumer forum for balance amount
2) complainant can with draw claim before ombudsman and file complaint before consumer forum
Compensation amount beyond limit of Insurance Ombudsman
Please advise options befor the complainant if initially a complaint of Insurance claim is registered but later before or during hearing the compensation amount under consideration in complaint exceeds Rs 30 lakhs. 1) can the complainant give consent for accepting the award (if it goes in his favour) upto limit of Hon Ombudsman and approach State commission for balance amount What other options he has if time has elapsed 2) From point of View of ombudsman also whether he has flexible authority to give award within his limit Pl advise options in such instances.
Asked 5 years ago in Civil Law
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5 Answers
Once you accept the claim setteled by the ombudsman it will be full and final in all respect. You can not challenge it further in court.
If you not satisfied with the settlement deny the the settlement in writing within the prescribed time limit and challenge the settlement order in consumer court.
1. No. He can not give conditional consent.
2. Yes but not beyond money insured.
1. If you are exhausting the remedies before the Ombudsman then you may not approach another legal forum for the same relief.
If you are not satisfied with the award passed by the Ombudsman, you may object to it and withdraw the case before the legal body and file a separate case before consumer forum for the compensation amount you have targeted at.Make sure that you are within the time limit while approaching the consumer forum, the delay to file a case before consumer forum due to the pending proceedings before Ombudsman may not permit you to file the belated complaint case before consumer forum waiving the delay period.
2. Any legal authority may not be able to pass an award beyond his pecuniary limits.
1. If the amount is not acceptable , then without receiving the same , one can approach the Court against that settlement amount .
- But , if accepted that amount , then cannot challenged the same in any court of law.
2. However , you can file a complaint before the Consumer Forum .
