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2008 Supreme(SC) 917

S.B.SINHA, V.S.SIRPURKAR
United India Insurance Company Limited – Appellant
Versus
Manubhai Dharmasinhbhai Gajera – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted in all the matters.

INTRODUCTION

2. Whether renewal of a mediclaim policy on payment of the amount of premium would be automatic, is the question involved herein.

BACKGROUND FACTS

3. The Parliament enacted the General Insurance Business (Nationalisation) Act 1972 (for short 1972 Act) to provide for the acquisition and transfer of shares of Insurance Companies and undertakings of other insurers in order to serve better the need of the economy by securing the development of general insurance business in the best interest of the community and to ensure that the operation of the economic system does not result in the concentration of wealth to the common detriment, for the regulation and control of such business and for other matters connected therewith or incidental thereto.

4. Appellants are the two subsidiary insurance companies of General Insurance Corporation of India, carrying on the insurance business in terms of the 1972 Act. The General Insurance Companies had a monopoly over the business of general insurance whereas Life Insurance Corporation of India constituted under the Life Insurance Corporation Act, 1956 enjoyed the monopoly in r





































































































































































































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