Central Act

The Insurance Act, 1938

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.]