Investigation reports of the theft of insured vehicle sought under RTI
The applicant sought the copy of the investigation reports by Shri KRS Nair and Shri M Krishnan with reference to the theft of vehicle belonging to the applicant and insured by the company. The Public Information Officer (PIO) denied the information 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; of the RTI Act. The First Appellate Authority (FAA) upheld the order of the PIO stating that the appellant had not sought the information with reference to writ petition filed by the Company before the Honourable High Court of Kerala.
During the hearing, the respondent stated that the information was not provided to the appellant on account of the fact that the company had ordered a special investigation through the two investigators in order to protect the Company’s interests and therefore this information was not required to be provided to the appellant. Appellant submitted that he had been regularly paying premium in respect of the insurance policy which provided insurance cover to his above mentioned vehicle and that he had every right to go through the investigation report which pertained to the loss of his insured vehicle.
View of CIC
The Central Information Commission (CIC) accepted the arguments of the appellant and directed the PIO to provide the requested information to the appellant.
Citation: Mr. Biju T v. The Oriental Insurance Co. Ltd., in Appeal: No. CIC/DS/A/2011/002572
RTI Citation : RTIFI/2012/CIC/455
Click here to view original RTI order of Court / Information Commission