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2023 Supreme(Online)(KER) 3787

HIGH COURT OF KERALA
V. G. Arun, J
THE ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
N.S.GOPAKUMAR – Respondent


Advocates:
GEORGE CHERIAN (SR.), K.JACOB MATHEW, GEORGE A.CHERIAN, K.SHRIHARI RAO, N.SHOBHA

JUDGMENT

Dated this the 30th day of January, 2023 The petitioner is a body corporate engaged in the business of general insurance. The first respondent had subscribed for a medi-claim policy named the PNB Oriental Royal Mediclaim Policy (with family floater) with the petitioner for the period 09.12.2014 to 08.12.2015. The policy period was thereafter renewed continuously for three years, the last renewal was from 09.12.2017 to 08.12.2018. As the policy was due to expire on 08.12.2018, the first respondent approached the Punjab National Bank for renewing the policy. Thereupon, he was informed that the renewal policy premium was enhanced to Rs.19,587/-. Since the premium was only Rs.7172 per annum, the first respondent objected to the steep hike without notice. He also issued Ext.P1 notice demanding that his policy should be renewed by accepting the existing premium. To that, the petitioner issued Ext.P2 reply, stating that the revision of premium for the product was nominal considering the medical inflation during the past years and that, being a regulated entity, the company had fixed the premium after obtaining approval from the Regulator. Thereupon, the first respondent filed a c

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