Supreme Court of India · 2001-08-02
Biman Krishna Bose vs United India Insurance Co.Ltd. & Anr
- Citation / case number
- AIRONLINE 2001 SC 525
- Court
- Supreme Court of India
- Petitioner
- Biman Krishna Bose
- Respondent
- United India Insurance Co.Ltd. & Anr
- Author
- V.N. Khare
- Bench
- V.N. Khare, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court held that the refusal of the insurance company to renew the mediclaim policy was unjustified, as the High Court had set aside the order refusing renewal. However, the Court upheld the High Court's directive for the appellant to take a fresh policy, clarifying that the exclusion clause regarding pre-existing conditions would apply to any new policy. The Court emphasized that the appellant's rights under the original policy were not violated, but the fresh policy would not cover conditions arising during the lapse of the original policy. The appeal was partially allowed, affirming the High Court's decision with modifications regarding the implications of the exclusion clause.