Supreme Court of India

Om Prakash Ahuja v. Reliance General Insurance Co. Ltd. Etc.

Neutral citation
Bench Abhay S. Oka and Rajesh Bindal JJ.
Decided 4 July 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the reasons mentioned above, the appeals are allowed. The impugned order passed by the National Commission is set aside. The orders passed by the District Forum and State Forum regarding direction to the Insurance Company to renew the policies are restored. Further, once there is a valid insurance policy available in favour of the appellant, the claim made by him for reimbursement of the expenses incurred is justifiable and deserves to be paid to him. Ordered accordingly. There shall be no order as to costs.

Judgment, 29

From the headnote

Consumer Protection Act, 1986: Insurance claim – Repudiation of – Denial of renewal of policy – On facts, pursuance to the health insurance policy, the claimant incurred expenses on the treatment of his wife for ovarian cancer – Claim for reimbursement of expenses made to the respondent-Insurance company, however, the same was repudiated on the ground of non- disclosure by the claimant that his wife was suffering from a rheumatic heart disease – Filing of complaint – Allowed by the District Forum and issuance of direction for renewal of the health insurance policy upon payment of premium…

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