PURNIMA PRASAD Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This writ petition has been preferred for a direction to the respondent Oriental Insurance Company Limited to renew the mediclalm policy of Anjani Kishore Prasad deceased (hereinafter referred to as the 'Insured') with effect from 4/12/2004 till the date of his death on 5/5/2006.

(2.) The arguments in the writ petition had concluded on 19-4-2006 and the judgment had been reserved for consideration. Shortly before the judgment could be pronounced, the insured died on 5-5-2006, whose heirs have been brought on record by order dated 19-5-2006. Petitioner No. 1 is the widow of the insured, and petitioner Nos. 2 to 4 are their daughters.

(3.) According to the writ petition, the insured had obtained a mediclaim policy covering the period 4-12-1996 to 3-12-1997. Photo copies of the money receipt dated 4- 12-1996, showing payment of the premium amount, and that of the policy described as 'Hospitalization and Domiciliary Hospitalization Benefit Policy', are marked Annexure-1 series. The policy was renewed year after year till 3-12-2004, It is further stated in the writ petition that one P. N. Opadhyay, the Company Agent, was regularly collecting the premium amount, and the original policy was accordingly renewed without the necessity of issuing a fresh document. In April 2003, the insured was diagnosed for Non Hodgkins Lymphoma of the abdomen, i.e. cancer of the abdomen. The insured informed the company of his illness on 8-4-2003. He was administered chemotherapy and radiotherapy and raised medical claim for reimbursement which was settled and paid on 11/2/2004. In the meantime, the policy was renewed for the period 4/12/2003 to 3/12/2004, being the last one. It is further stated in the writ petition that he was waiting for arrival of the Company Agent to collect the premium for renewal of the policy for the following period, namely, 4/12/2004 to 3/12/2005, but did not turn up. The insured, therefore, wrote his letter dated 14/5/2005 (Annexure-2) that P. N. Opadhyay, the Agent, had informed that the policy cannot be renewed as per higher level instruction. He, therefore, requested the Divisional Manager of the Company to renew the policy with retrospective effect. The insured did not receive any reply and he, therefore, sent his reminder dated 13-7-2005. The company did not send any reply to the same leading to the present writ petition.