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2004 Supreme(Del) 599

SANJAY KISHAN KAUL
TALVINDER CHOUDHARY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.K.BEHAR, KISHORE RAVAT, L.K.Tyagi, VINEET CHADHA

Sanjay Kishan Kaul, J.

( 1 ) 1) The refusal of respondent No. 2, Oriental Insurance Company limited, to renew the Medical Claim Insurance Policy of the petitioner on the same terms and conditions as in the past has given rise to the present petition.

( 2 ) THE petitioner took a Medical Claim Insurance Policy with respondent No. 2 in the year 1997 and the policy was renewed from year to year till 2002. There is only one claim made in the year 1998 which had been paid. The last renewal of the policy expired on 28. 12. 2002 and it is the contention of the petitioner that the Development Officer of respondent no. 2, Mr. Trilochan Singh, who used to take-the renewal premium every year, failed to turn up to take payment of the premium. The petitioner on 21. 02. 2003 then personally went to the office of respondent No. 2 and applied for Medical Claim Insurance Policy. However, though the policy was issued, there was an exclusion clause provided for Cardiac Arrest Disease and related diseases. Thus, the treatment relating to cardiac arrest was excluded apparently on the basis of the fact that in the year 1998, the petitioner had suffered a similar problem when payments had to be made under















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