Guidelines on Insurance Claims of Victims of Cyclone Fani

भारतीय बीमा विनियामक और विकास प्राधिकरण INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA

IRDAI/NL/GDL/MISC/074/05/2019

07th May 2019

All CEOs /CMDs of all General Insurance Companies and Stand Alone Health Insurance Companies

Re: Guidelines on Insurance Claims of Victims of Cyclone Fani (May 2019) in the states of Odisha ,West Bengal and Andhra Pradesh

As you are aware, the recent cyclone Fani has caused immense loss to property in the state of Odisha and also in neighboring states. There has been loss to some lives. There is an urgent need for insurance industry to take immediate steps to mitigate the hardships of the affected insured population by ensuring immediate registration and settlement of eligible claims.

2. You are advised to initiate immediate steps for quick registration and disposal of claims on the following lines: -

• a. Please nominate a senior officer at the company level who would act as a Nodal Officer for the affected states. The Nodal Officer would be coordinating the receipt, processing and settlement of all eligible claims. The contact particulars of the Nodal Officer may also be conveyed to us and the same may be given due publicity.
• b. If there are any death claims and death certificate is difficult to obtain on account of non-recovery of body etc, the process followed in the case of Jammu & Kashmir floods (Notification of Ministry of Home Affairs, GoI, No. 1/12/2014-Vs (CRS) Dated 12.09.2014- which was also followed when Tamilnadu Floods and Kerala Floods occurred), may be considered.
• c. Details of offices/ special camps set up for the purpose may be publicized through media and through State Government channels to enable filing of claims.
• d. It needs to be ensured that all claims are surveyed immediately and claim payments/on account payments are disbursed at the earliest and in any case not exceeding the stipulated time line.

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सर्वे नं. 115/1, फाइनेंशियल डिस्ट्रिक्ट, नानकरामगुडा, हैदराबाद-500 032, भारत फ़ोन : +91-40-2020 4000 वेबसाइट : www.irdai.gov.in

Survey No. 115/1, Financial District, Nanakramguda, Hyderabad-500 032, India Tel : +91-40-2020 4000 Website : www.irdai.gov.in

• e. Adequate number of surveyors may be engaged immediately in the affected areas.
• f. You are also requested to launch extensive awareness campaign in the affected states duly highlighting the measures taken by you.

3. In order to gauge the magnitude of loss, all non-life insurers (including Standalone Health Insurers) are advised to submit information relating to insurance claims related to cyclone Fani daily basis in the format attached.

4. We request you to take urgent steps for expeditious settlement of claims in the cyclone hit areas and submit details of the same as advised above.

Sujay Banarji Member (Non-Life)

Encl: GOI No. 1/12/2014-Vs (CRS) Dated 12-09-2014

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Speed Post

No. 1/12/2014 - VS (CRS) भारत सरकार GOVERNMENT OF INDIA गृह मंत्रालय MINISTRY OF HOME AFFAIRS भारत के महारजिस्ट्रार का कार्यालय OFFICE OF THE REGISTRAR GENERAL, INDIA V.S. Division, West Block -I, R.K. Puram, New Delhi - 110066 Tele-fax: 26104012 E-mail - drg-crs.rgi@censusindia.gov.in

Dated: 12-09-2014

CIRCULAR

Sub: Procedure for Registration of Death of Missing persons in Natural Calamities affected areas in Jammu & Kashmir.

Sir,

The Ministry of Home vide its D.O. letter no. 11012/5/2014-K-I dated 10.9.2014, has requested the Registrar General and Census Commissioner, India to formulate a standard procedure for issuing death certificate after due inquiry in case of the missing persons of Jammu & Kashmir and other States in J & K floods. Accordingly, the following procedure is communicated for necessary action by the concerned Chief Registrars of Births and Deaths.

2. As per the provision of Section 7(2) of the Registration of Births and Deaths (RBD) Act, 1969, the registration of birth and death has to take place at the place of occurrence of the event. In normal circumstances, the death is registered only on the reports from persons mentioned in section 8 of the RBD Act, 1969. However, in extraordinary cases like the one in Jammu & Kashmir, reports from public servants after due enquiry can be made use of for registering the deaths.

3. As regards persons whose dead body has been found, it is needless to state that the normal process of issuing Death Certificates should be followed.

4. In case of missing persons, who in all likelihood have died but the dead body is not traceable, all reasonable efforts should be made to determine that the person has in all likelihood died in the natural calamity that occurred in Jammu & Kashmir. The following process of enquiry may be followed in this regard:

Process

The missing persons can be divided into the following categories:

• i. Permanent residents of the flood affected villages and permanent residents of the nearby villages of Jammu & Kashmir who were present in the flood affected villages during the catastrophe.
• ii. Residents of other districts of Jammu & Kashmir who were present in the flood affected villages during the catastrophe.
• iii. Tourists from other States who were present in the flood affected villages during the catastrophe.

Process to be followed in the case of permanent residents of the flood affected villages and permanent residents of the nearby villages of Jammu & Kashmir who were present in the flood affected villages during the catastrophe.

1. A FIR/Missing Person Report should be filed by close relatives or next of kin at the place of residence of the person who is missing and presumed dead.

2. The FIR/Missing Person Report should be referred to the concerned Police Station under whose jurisdiction the person went missing. Notarised Affidavit regarding 'missing' should be filed by next of kin and should be kept as a permanent record.

3. The FIR/Missing Person Report should then be forwarded to the designated officer (Tahsildar/SDM) of the concerned area in Jammu & Kashmir along with report of Police Station and supporting documents for identification like ration card, family register, bank passbook etc.

4. The designated Officer should conduct a detailed enquiry regarding the missing person.

5. Based on the enquiry as detailed above the designated officer of Jammu & Kashmir should issue a speaking order regarding the provisional presumption of death.

6. The Designated Officer should then cause publication of the list of missing persons provisionally presumed dead in the Newspaper, Government Gazette in Hindi and English and also host the same on the Government Website for the purpose of obtaining Claims and Objections.

7. Claims and Objections should be received within 30 days

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8. If no claim or objection is received within the time period, the Designated Officer should issue the Death Certificate.

9. The death certificate should be made available free of cost to the next of kin. The death certificate should also be sent to the Police Station where the FIR/Missing Person Report was filed.

10. In case of Claims and Objections, an appeal would lie with the Officer immediately superior to the Designated Officer (to be nominated by the State Government). After dealing with the appeal, speaking Orders should be sent to the Designated Officer who would then take appropriate action to issue the death certificate or deny it.