Insurance Caselaws

The Supreme Court has granted special leave to appeal to an order issued by the National Consumer Disputes Redressal Commission (NCDRC) in accordance with Article 136 of the Constitution.

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Article 136 | Motion to suppress NCDRC's order pending in Exercise of Appellate/ Revisional Jurisdiction refuted: Supreme Court

Case Title: M/S Universal Sompo General Insurance Co. Ltd. V. Suresh Chand Jain, Special Leave Petition (Civil) No. 5263 Of 2023

Summary

The order is only applicable in extraordinary circumstances, such as a decision that deeply concerns the court or involves a matter of public concern or law. The Supreme Court's authority to grant special leave to appeal is limited to orders issued by the NCDRC in its appellate or revisional jurisdiction, or as the court of first instance (original orders).

In a case involving an insurance policy dispute, the Supreme Court ruled that the aggrieved party could contest the NCDRC's order by petitioning the appropriate High Court with jurisdiction. The court drew its precedent from the recent ruling in Faizan v. Omaxe Buildhome Private Limited, which established that an appeal to the relevant High Court with jurisdiction under Article 227 would be the only recourse for the aggrieved party against the order issued by the NCDRC.

The petitioner was allowed to contest the NCDRC's order by petitioning the appropriate High Court with jurisdiction, either by filing a writ application in accordance with Article 226 of the Constitution or by invoking the High Court's supervisory jurisdiction under Article 227 of the Constitution. Both parties retain the prerogative to petition the Supreme Court for permission to appeal in accordance with Article 136 of the Constitution via plea of special leave.

About the case