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2006 Supreme(Pat) 485

S.K.KATRIAR
Purnima Prasad – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Judgment

S.K.Katriar, J.

1. This writ petition has been preferred for a direction to the respondent Oriental Insurance Company Limited to renew the mediclaim 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 19.05.2006. Petitioner No. 1 is the widow of the insured, and petitioner Nos. 2 to 4 are that r 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 Hospitalisation and Domiciliary Hospitalisation 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 th



















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