THE NEW INDIA ASSURANCE Vs. HOSHIAR SINGH

JUDGEMENT

(1.) Insurance Company has challenged order dated 29.1.2010 on the ground that vehicle in question was insured previously with ICICI Lombard and subsequently for the period commencing from 31.12.2006 vehicle was insured with the Petitioner company and at the time of filling up the form insured has not disclosed that he has taken claim against the previous policy, hence, less amount of premium was charged giving benefit of no claim against the previous policy.

(2.) Learned Counsel for the Petitioner states that had fact of claim against the previous policy been disclosed company would have not granted him discount for the premium.

(3.) Item D relating to discount in the form contains Clause No. 2 is as under: