TATA AIG GENERAL INSURANCE CO. LTD. vs VINAY SAH INSURANCE OMBUDSMAN PUNE AND ANR

Judgment text excerpt

Neeta Sawant WP-1244-2023(2).docx-fc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1244 OF 2023 WITH INTERIM APPLICATION NO. 830 OF 2023 TATA AIG General Insurance Co. Ltd. …..Petitioner : Versus : 1. Vinay Sah, Insurance Ombudsman, Pune (state of Maharashtra except Mumbai Metro) 2. Gauri V. Raut ….Respondents Ms. Maithili Parikh with Mr. Nabeel Malik & Ms. Sanjana Sapra i/b. Tuli & Co. for the Petitioner. Mr. Avinash Fatangare with Ms. Archana Shelar, for Respondent No.2. CORAM : SANDEEP V. MARNE, J. DATED : 3 SEPTEMBER 2025. JUDGMENT : 1) This an unfortunate case, where all three male members of the family passed away in a short span of 6 months leaving behind the family in penury. The widow’s claim towards insurance availed by her husband as a part of package of housing loan availed for purchase of their home, is repudiated by the Petitioner insurance company. Due to widow’s inability to repay the housing loan, the finance company has attached the flat for sale. The Insurance Ombudsman has allowed the claim preferred by the widow and has directed Petitioner to pay to her the claim _____________________________________________________________________________ Page No.1 of 27 Wednesday, 3 September 2025 Neeta Sawant WP-1244-2023(2).docx-fc amount of Rs.27,00,000/- vide impugned award dated 21 November 2022. Petitioner is aggrieved by the award dated 21 November 2022 and has filed the present petition. 2) Brief facts of the case are that Respondent No. 2 and her late husband dreamt of owning a house. They planned to purchase of Flat No. 704 on 7th floor of building Sonadevi Residency situated at plot No. 1, 9/2a and 12/4, Survey No. 1 village Temghar, Bhiwandi, Dist. Thane (the Flat). The husband of Respondent No. 2 was working