CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01553
Dated, the 20th April, 2009.
Appellant : Shri Malkiat Singh Bajwa
Respondents : United India Insurance Company Limited
This second-appeal came up for hearing on 15.04.2009 pursuant
to Commission’s notices dated 13.02.2009 and 26.02.2009. Appellant
was absent, while the respondents were present through the CPIO,
Shri D. Padmanabha Reddy.
2. Appellant’s RTI-application dated 17.03.2008 relates to a request
for information relating to insurance policies taken out by a third-party,
Mohd.Shabir. Respondents declined to disclose this information citing
fiduciary relationship which attracted Section 8(1)(e) of the RTI Act.
3. Respondents’ decision is wholly congruent with Commission’s
decision in G.P. Raju & Ors. Vs. The New India Assurance Company
Limited; Appeal Nos.CIC/AT/A/2007/00707 & 00708; Date of Decision:
22.08.2007, where it was held that insurance-related information of
third-parties cannot be allowed to be divulged to those utterly
unconnected with that information. This variety of information attracts
not only Section 8(1)(e) ⎯ Appellate Authority erroneously noted the
Section as 8(1)(f) ⎯ it also attracted Section 8(1)(j) and insofar as this
information is one of commercial confidence of the insurance company
/ respondents, it also attracted the exemption under Section 8(1)(d) of
the RTI Act.
4. The decision of the Appellate Authority is upheld. There shall be
no disclosure obligation on the respondents for the above
RTI-application.
5. Appeal disposed of with the above directions.
6. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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