IRDAI member's order amounts to abetting corruption in insurance sector: SAT

The Securities Appellate Tribunal has come down heavily on a member of regulator IRDAI for making a "false statement" in an order, saying it "virtually amounts to aiding and abetting corruption in the insurance business".

Setting aside an order passed by IRDAI Member (non-life) P J Joseph, the tribunal also directed the regulator to entrust the matter to a "competent officer" other than him and pass a fresh order.

The latest ruling has come on a plea filed by UK-based Atkins Special Risks Ltd against an order passed in the case of Jagson International Ltd.

Atkins is into broking special risk insurance and re-insurance with core competence in marine and energy insurance. It provided international re-insurance cover to Jagson during the period 2002-2012 for an yearly commission.

From 2010 onwards, Jagson Chairman Jagdish Gupta's demand for a cut from the commission was rejected by Atkins, according to details mentioned in the SAT order.

Later in 2012, the company's re-insurance business was transferred to Marsh India Insurance Brokers Pvt Ltd.

Suspecting that illegal means were adopted by Gupta in transferring the business, Atkins moved the IRDAI in August 2015. As no action was taken, a writ petition was filed in September 2017 before the Telangana and Andhra Pradesh High Court -- which directed the insurance regulator to consider the complaint.

However, Joseph passed an impugned order in January this year wherein the complaint was dismissed, saying that no documentary proof or material information was submitted.

In its order passed on March 16, the tribunal said perusal of the complaint clearly shows that Atkins had relied on documentary evidence.

"We fail to understand as to how Member (non-life) could make such false statement in the impinged order. In our opinion, the impinged order passed by P J Joseph (non-life) virtually amounts to aiding and abetting corruption in the insurance business by the regulator which cannot be tolerated," the tribunal said.

The Insurance Regulatory and Development Authority of India (IRDAI) has been directed to entrust the mater to a "competent officer other than P J Joseph" for passing fresh order on the complaint, it noted.

The SAT order, passed by Presiding Office Justice J P Devadhar and Member C K G Nair, also made it clear that the tribunal has not expressed any opinion on the merits of the complaint filed by the appellant.