Authority: Supreme Court of India

Order Date: 23-09-2026

Case Overview

  • Petition for Special Leave to Appeal (C) No. 5582/2023 filed by The Oriental Insurance Co. Ltd. against Tuni Pati & Ors., arising from a High Court of Orissa judgment dated 19-05-2022.
  • The matter was listed before a two‑judge bench (Justices Ahsanuddin Amanullah and Prasanna B. Varale) on 23‑09‑2026.
  • Numerous insurance companies (respondents) were impleaded, each identified by a respondent number (e.g., No. 45 – Kotak Mahindra Life Insurance Co. Ltd., No. 64 – Credit Access Life Insurance Ltd., etc.).
  • The Court had previously issued a notice on 06‑04‑2026 directing all respondents to appear personally before the Court by 26‑05‑2026; failure to do so would attract contempt.
  • On 17‑08‑2026, the Court observed that many respondents had not complied and directed them to file personally‑affirmed affidavits showing cause, dispensing with personal appearance for most.

Specific Findings and Directions

1. Navi General Insurance Ltd. (Respondent No. 82) – No appearance; affidavit indicated notice received on 18‑04‑2026 but not processed. The Court rejected the MD’s claim of a bona‑fide error and issued a contempt notice to MD/CEO Vaibhav Goyal, ordering him to file a personal affidavit showing cause (personal appearance waived).

2. Respondents without appearance – Kotak Mahindra Life (No. 45), Credit Access Life (No. 64), Zurich Kotak General Insurance (No. 77), New India Assurance (No. 89), Zuno General Insurance (No. 93), Aditya Birla Health Insurance (No. 95), and General Insurance Corporation of India (No. 102) were all issued contempt notices and instructed to file affidavits showing cause. Personal appearance was waived except for Zuno (No. 93), whose MD was present.

3. Liberty General Insurance Ltd. (No. 79) – MD/CEO Parag Ved filed a compliance affidavit stating he missed a flight on 17‑08‑2026 due to circumstances beyond his control. The Court accepted his bona‑fide explanation, closed the contempt issue, and accepted his unconditional apology.

4. Zurich Kotak General Insurance (No. 77) – MD/CEO Alok Kumar Agarwal was present; the Court noted his appearance had been inadvertently recorded as non‑compliant and closed the issue.

5. Zuno General Insurance Ltd. (No. 93) – MD/CEO Shubhdarshini Ghosh filed an extensive affidavit explaining lack of notice until 13‑06‑2026 and subsequent virtual appearance on 17‑08‑2026. The Court objected to the explanation, rejected the affidavit, and ordered a fresh affidavit with personal presence on the next date.

6. Kiwi General Insurance Ltd. (No. 94) – MD/CEO Saurav Jaiswal tendered an apology, stating the company received its licence in March 2026 and first policy in May 2026; the Court found the explanation bona‑fide and closed the contempt issue.

7. Kotak Mahindra Life (No. 45) & Aditya Birla Health (No. 95) – Counsel submitted that appearance had been entered on 26‑05‑2026; the Court accepted this and closed the contempt issues.

8. Narayana Health Insurance Ltd. (No. 98) – Whole‑Time Director & CEO Sheela Ananth received notice on 12‑06‑2026 but left for Canada on 26‑07‑2026 without ensuring appearance. The Court deemed this a grave lapse, ordered a fresh affidavit, but waived personal appearance for now.

9. Niva Bupa Health Insurance Ltd. (No. 100) – Chairman Krishnan Ramachandran appeared virtually despite the order for personal presence; the Court directed a fresh affidavit, personal appearance waived.

10. General Insurance Corporation of India (No. 102) – No explanation for CMD’s non‑presence; contempt notice issued, requiring a personal affidavit showing cause, personal appearance waived.

11. Valueattics Reinsurance Ltd. (No. 103) – MD/CEO Thondigulam Anantha Narayan Ramalingam filed an affidavit stating notice received on 13‑06‑2026 and vakalatnama filed the same day; the Court found no deliberate lapse and closed the contempt issue.

Additional Directions

  • All parties must file detailed affidavits by the next hearing date.
  • The eDAR (Electronic Detailed Accident Report) portal, operated by NIC, must be linked with VAHAN, SARATHI, and the Insurance Information Bureau (IIB) within four weeks for seamless cross‑reference of accident reports and claim histories, including Hit‑and‑Run and PM‑RAHAT schemes.
  • All concerned ministries and state authorities are directed to ensure this integration without delay.
  • States that have not yet constituted a Special Investigation Team (SIT) as per earlier orders must do so mandatorily within four weeks.
  • The Court noted a note filed by Mr. Jagdish Chandra Solanki and recorded it.
  • Senior Counsel Ranjit Kumar is requested to assist the Court on the main issue; any material required from the Registry should be provided to Advocate on Record Ms. Tanya Srivastava.
  • All affidavits filed will be accepted both physically and digitally by the Registry.
  • The next list of matters is scheduled for 27‑11‑2026 at 2.00 p.m.

Final Outcome

  • Contempt notices were issued to the MD/CEO of Navi General, Kotak Mahindra Life, Credit Access Life, New India Assurance, Zuno (pending fresh affidavit), Narayana Health, Niva Bupa, and General Insurance Corporation of India.
  • Contempt issues were closed for Liberty General, Zurich Kotak, Kiwi General, Kotak Mahindra Life (appearance recorded), Aditya Birla Health, and Valueattics based on bona‑fide explanations.
  • All respondents must file fresh or detailed affidavits as directed, with personal appearance waived for most except Zuno.
  • Systemic integration of insurance‑related data portals and formation of SITs were mandated within four weeks.

Topics: Court Contempt, Insurance Regulation, Data Integration