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2003 Supreme(Guj) 669

D.A.MEHTA, R.K.ABICHANDANI
UNITED INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
MOHANLAL AGGARWAL – Respondent


Advocates Appeared: A.J.PATEL, AMIT C.NANAVATI, B.I.MEHTA, B.M.MANGUKIYA

R. K. ABICHANDANI, J.

( 1 ) THESE three Letters Patent Appeals have been directed against the judgement and order of the learned Single Judge passed on 8th August 2003, allowing the three petitions from which these appeals arise, while the Special Civil Application No. 9425 of 2002 has been filed for a direction on the respondents - insurance companies not to exclude the diseases contracted by the petitioner No. 2 during the period of mediclaim policy, which was renewed from time to time, and not to load the premium, as was sought to be done, and to renew the mediclaim policies of the petitioner No. 2 and 3.

( 2 ) ALL the matters relate to mediclaim insurance policy and revolve around the question, whether the insurer has absolute right to cancel the contract of mediclaim insurance or to refuse renewal of the mediclaim policy and have been argued together by the learned counsel appearing for all the parties. Brief Facts and Pleadings :

( 3 ) THE Letters Patent Appeal No. 1028 of 2003, which arises from Special Civil Application No. 11844 of 2002, in which a direction was sought for setting aside the action of the insurer (United India Insurance Co. Ltd.) in seeking to exclude certai








































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