BIMAN KRISHNA BOSE versus UNITED INDIA INSURANCE CO. LTD. AND ANR.

BIMAN KRISHNA BOSE versus UNITED INDIA INSURANCE CO. LTD. AND ANR.

Refusal of mediclaim policy renewal on grounds that the insured pursued litigation for an unpaid claim constitutes arbitrary action by a State authority. Such arbitrariness requires remedy by granting retrospective policy renewal from the due date to ensure no coverage gaps caused by exclusion clauses.

Parties
Appellant: Biman Krishna Bose; Respondent: United India Insurance Co. Ltd.; Respondent: Debasis Misra
Jurisdiction
India
Judgment Date
02 August 2001
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Article 12 Definition of State, Insurance Policy Renewal, General Insurance Business (nationalisation) Act, 1972, Contractual Fairness by State Instrumentalities
Constitutional Law Insurance Law Article 12 Definition of State Insurance Policy Renewal General Insurance Business (nationalisation) Act, 1972 Contractual Fairness by State Instrumentalities

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Parties

Biman Krishna Bose

Appellant

United India Insurance Co. Ltd.

Respondent

Debasis Misra

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether United India Insurance Co. Ltd. is 'State' under Article 12 of Constitution
  2. 2 Whether refusal to renew mediclaim policy due to litigation amounts to arbitrary action
  3. 3 Whether mediclaim policy renewal can be granted retrospectively after wrongful refusal

Ratio Decidendi

Refusal of mediclaim policy renewal on grounds that the insured pursued litigation for an unpaid claim constitutes arbitrary action by a State authority. Such arbitrariness requires remedy by granting retrospective policy renewal from the due date to ensure no coverage gaps caused by exclusion clauses.

Court Disposition

Appeal allowed

Orders

  • Order of High Court directing appellant to take fresh mediclaim policy set aside.
  • Respondent insurance company directed to renew mediclaim policy for expired period if appellant applies and pays premium.