VidhiSangh

Supreme Court of India · 14/08/2019

KANWALJIT SINGH versus NATIONAL INSURANCE COMPANY LTD

[2019] 10 S.C.R. 230 · 2019 INSC 907

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Summary

The family mediclaim policy’s 50% limit for one illness applied to the current Rs.5 lakh family sum insured, rather than an earlier individual policy amount. Continuous insurance since inception, when no disease existed, defeated the insurer’s pre-existing-disease objection on these facts. The claimant was awarded Rs.2.5 lakh less payments already made, with compensation, litigation costs and interest on the balance.

Issues

  1. Whether the single-illness limit was calculated on the current family cover or an earlier individual policy.
  2. Whether the insurer could rely on pre-existing disease despite continuous renewals from a disease-free inception.

Held

Result

Appeal allowed to the extent of Rs.2,50,000 less amounts already paid, plus Rs.50,000 compensation and Rs.30,000 litigation costs. Balance payable carries 7.5% annual interest from the complaint to payment.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 230.