MUNISH MISHRA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) BY the order impugned the Forum below has dismissed complaint of appellant seeking direction to respondent -the Oriental Insurance Company Ltd. to renew his Mediclaim Policy for the year 2002 -2003.

(2.) AS admitted by parties, the appellant had Mediclaim Policy from respondent -insurer for himself and for his family members including his wife for last 10 years. The last policy obtained by him was for the period from 9.8.2002 to 8.8.2003. During this period his wife suffered with cancer and his claim for reimbursement of medical expenses was also paid by the respondent -insurer. However, his prayer for renewal of the policy for the subsequent year 2003 -2004 was refused by the respondents and a cheque dated 4.8.2003 for Rs. 7553/ - remitted by appellant by post on 7.8.2003 to the respondent -Company was also returned by the latter. Although in its letter dated 11.8.2003 addressed to the appellant, the respondent -Company assigned no reason for not renewing the policy, but it was obvious that the renewal was refused as the appellant -complainant has already claimed the benefit under the policy in the preceding year and the ailment with which his wife suffered, was likely to continue for long and the expenditure could also be high.

(3.) THE moot question requiring determination is whether the respondent a Government owned Insurance Company having all the trappings of the "State" could in the facts and circumstances of the case, refuse renewal of the policy?