Monday, January 15, 2018

Insurance Frauds Deserve Special Legislative Attention And Effective Judicial Action

Insurance Frauds Deserve Special Legislative Attention And Effective Judicial Action

The principal legislation regulating the insurance business in India is the Insurance Act, 1938. Some other existing legislations in the field are - the Life Insurance Corporation (LIC) Act, 1956, the Marine    Insurance   Act,   1963,    the   General    Insurance   Business (Nationalization) Act, 1972 and the Insurance Regulatory and Development Authority (IRDA) Act, 1999.

The provisions of the Indian Contract Act, 1872 are applicable to the contracts of insurance, whether for life or non-life. Similarly, the provisions of the Companies Act, 1956 are applicable to the companies carrying on insurance business.


The Law Commission of India in its 190Th Report On Revision Of Insurance Act, had suggested that there was no justification for continuing to have a separate legislation concerning the IRDA and that there was a need to merge the provisions of the IRDA Act, 1999 with the Insurance Act, 1938 in order to "to bring about an integrated approach to the task of formulating a legislative regime that can encompass the key facets of the functioning of the Regulatory Authority even while strengthening the regulatory regime".
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