Information regarding details of compensation paid in relation to an accident - appellant was involved in the accident by virtue of being present in the other vehicle - survey report provided - CIC: the claim amount actually paid to be provided
1.Appellant submitted RTI applications dated 18 Nov. 2011 and 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. June 2012 before the CPIO, NIACL, Azad Pur, Delhi and CPIO, NIACL, Lakshmi Nagar, Delhi respectively, seeking information regarding the details of compensation paid in relation to the accident which occurred on 27.01.2009.
2. Vide CPIO Order dated 27 July 2012, CPIO denied the information seeking exemption under Section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; & (j) as these were pertaining to Third Party and also personal in nature.
3. Not satisfied by the CPIO’s reply, the Appellant preferred First Appeal to the First Appellate Authority dated 11 August 2012.
4. Vide FAA Order dated 27 August 2012, the FAA upheld the decision of the CPIO.
5. Being aggrieved and not satisfied by the above response of the Public Authority, the Appellant preferred Second Appeal before the Commission.
6. Matter was heard today. Respondents as above appeared in person. Appellant was heard via videoconferencing from Ajmer. Appellant stated that he was involved in the accident by virtue of being present in the other vehicle. Respondent stated that appellant had already been provided with a copy of the survey report in which the recommended claim amount was mentioned. Appellant stated that he sought to have information relating to the claim amount actually paid.
7. After hearing both parties Commission directs the CPIO to provide to the appellant with the claim amount actually paid in respect of the insurance policy mentioned in the RTI application.
8. Information to be provided within one week of receipt of the order.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Shri Rakesh Kumar, Ajmer v. New India Assurance Co. Ltd., in Appeal: No. CIC/DS/A/2012/ 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 72