The Karnataka High Court has ruled that insurance policyholders are entitled to engage advocates to represent them before an insurance ombudsman, reinforcing the principle of fairness in dispute resolution. The judgment came in response to a petition filed by a Bengaluru resident whose request to appoint a lawyer had earlier been denied by the ombudsman.

In its order dated March 27, Justice Sachin Shankar Magadum observed that access to legal assistance is essential for ensuring fair adjudication, particularly when individuals lack the expertise to present their case effectively. The court emphasized that denying such assistance could place policyholders at a disadvantage when contesting claim rejections.

The case arose after the insurance ombudsman refused to allow legal representation, arguing that the presence of lawyers could create an imbalance between the parties. The ombudsman had reasoned that both the adjudicating authority and insurance company representatives typically do not possess formal legal training, and introducing advocates might complicate proceedings.

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However, the High Court disagreed with this reasoning, stating that the primary objective of any adjudicatory process should be to ensure justice rather than procedural uniformity. It held that policyholders, who are often unfamiliar with legal and technical aspects of insurance contracts, should not be denied the option of professional support.

The court further noted that policyholders may come from diverse backgrounds, including individuals with limited education or exposure to legal systems. It highlighted examples such as illiterate villagers, homemakers, or ordinary consumers who may struggle to navigate complex documentation and procedural requirements without assistance.

The ruling is expected to have significant implications for insurance dispute redressal mechanisms, potentially strengthening the rights of consumers across the country. By allowing legal representation, the court has sought to level the playing field and ensure that policyholders can effectively pursue their claims against insurance companies.

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