NEW INDIA ASSURANCE CO.LTD Vs. SHAHZEB SALIM HASHAMBHAI

JUDGEMENT

(1.) There is delay of 2 days in filing both the appeals. Therefore misc.applications are filed for condonation of delay. Delay is of few days. Delay is not deliberate or intentional. We are therefore inclined to condone the delay. Accordingly Misc.application nos.1644 & 1645/2008 are allowed.

(2.) Both these appeals are heard and decided together by this common order, since they involve identical question of facts and same question of law.

(3.) Both the respondents/original complainants in both these appeals are the beneficiaries of long term Mediclaim policy issued for a group of persons. A review has taken place after consultation with Insurance Awareness Group of which the complainants are members and thereafter appellant Insurance Co. did inform them about cancellation of above referred policies we.f.1/10/2002 as per its letter dated 24/9/2002 and even refunded the balance of premium. Insurance Awareness Group by its letter dated 22/4/2003 acknowledged the communication and the cheques, but returned those cheques issued against refund of premium stating that the cancellation of the policy is not acceptable to them. Insurance co. acknowledged the said communication by their letter dated 28/4/2003 and told that the cancellation was proper and they are holding the cheques of refund of premium on behalf of the beneficiaries and will be paid to them as and when demanded by them.