Act Number: 4

Act Name: The Insurance Act, 1938

Year: 1938

Enactment Date: 1938-02-26

Long Title: An Act to consolidate and amend the law relating to the business of insurance.

Ministry: Ministry of Finance

Department: Department of Financial Services

Section 105D: Factors to be taken into account by the adjudicating officer.
    1[105D. Factors to be taken into account by the adjudicating officer.--While recommending the quantum of penalty under section 105C, the adjudicating officer and while imposing such penalty, the Authority shall have due regard to the following factors, namely: --
         (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
         (b) the amount of loss caused to the policyholders as a result of the default; and
         (c) the repetitive nature of default.]
Notes:
1. Subs. by s. 90, ibid., for sections 105B and 105C (w.e.f. 26-12-2014).
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