NIRAJ MAHESHWARI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant is aggrieved against the order dated 18-5-2010, by which, the appellant's writ petition was dismissed by the learned single Judge after observing that admittedly mediclaim policy of the petitioner was expired on 18th July, 2004 and after about six months the petitioner sent a blank cheque along with a letter requesting for renewal of his mediclaim policy.

(3.) Learned counsel for the appellant sub-mitted that in view of the judgment passed by the Hon'ble Supreme Court delivered in the case of Biman Krishna Bose v. United Insurance Company Ltd., 2001 6 JT 125, the Insurance Company had a right to renew the policy retrospectively, therefore, the Insurance Company should have renewed the policy. Learned counsel for the appellant also submitted that vide Annexure-7 the In-surance Company rejected the petitioner's claim because of his ailment which they have found as old one and, therefore, on this ground the Insurance Company could not have rejected the prayer for renewal of the policy.