UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOHANLAL AGGARWAL

JUDGEMENT

(1.) These three Letters Patent Appeals have been directed against the judgment and order of the learned single Judge passed on 8th August, 2003, allowing the three petitions from which these appeals arise, while the Special Civil Application No. 9425 of 2002 has been filed for a direction on the respondents - Insurance Companies not to exclude the diseases contracted by the petitioner No. 2 during the period of mediclaim policy, which was renewed from time to time, and not to load the premium, as was sought to be done, and to renew the mediclaim policies of the petitioner Nos. 2 and 3.

(2.) All the matters relate to mediclaim insurance policy and revolve around the question, whether the insurer has absolute right to cancel the contract of mediclaim insurance or to refuse renewal of the mediclaim policy and have been argued together by the learned Counsel appearing for all the parties. Brief Facts and Pleadings :

(3.) The Letters Patent Appeal No. 1028 of 2003, which arises from Special Civil Application No. 11844 of 2002, in which a direction was sought for setting aside the action of the insurer (United India Insurance Co. Ltd.) in seeking to exclude certain diseases as per the communication dated 3rd October, 2002 addressed by the Divisional Manager of the Insurance Company to the insured, as illegal, arbitrary, unreasonable and violative of Art. 14 of the Constitution. A direction was sought on the insurer to renew the mediclaim policy with effect from 3rd October, 2002 and to settle all the claims of medical dues covered by the Insurance Company as per the terms of the existing insurance policy.