SULOCHANA DEVI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) In these two writ petitions, since common question of law and facts are involved the same are disposed of by this common order.

(2.) Petitioners are aggrieved by the decision of the respondents Insurance Company communicated vide 17-3-2003 and 13-5-2003 whereby the Insurance Company refused to Issue comprehensive insurance policy in respect of the commercial vehicles owned and possessed by the petitioners.

(3.) In W.P.C. No. 4231 of 2003 petitioner's case is that he owned and possessed commercial vehicle bearing registration No. UP-65A-6243 having been registered by the Motor Vehicle Department, Varanasi in the name of petitioner. Vehicle was lastly comprehensively insured on 28-5-2003 for a period from 29-5-2002 to 28-5-2003 being estimated value of the vehicle Rs. 3,30,000/- While the policy was to be expired on 28-5-2003 petitioner sent proposal form along with a cheque of Rs. 11",771/- for the renewal of his insurance policy. The respondents by the impugned letter dated 13-5-2003 informed the petitioner that they are unable to insure his vehicle comprehensively as a new policy decision has been taken not to renew such old vehicles and consequently papers along with cheques were returned to the petitioner.