Skip to main content

Premium of senior citizens to be charged on the basis of completed age - Bombay HC

In an order that will benefit hundreds of senior citizens, the Bombay high court has ruled that New India Assurance was wrong in charging premium from existing policy holders as of August 2007 on the basis of running age and not completed age. Hearing a public interest litigation filed by Mumbai resident Dr Babulal Shah, a division bench of Justice Abhay Oka and Justice Girish Kulkarni order NIA to refund the excess amount charged from the petitioner and similarly placed senior citizens along with six per cent interest. The judges also directed the insurance company to shell out Rs 10,000 which will be paid as litigation costs to Shah.

''In case of senior citizens who were holding mediclaim policies as of August 2007, NIA could not have charged premium on the basis of running age while renewing the policy,'' said the judges. The HC pointed out that the Insurance Regulatory and Development Authority (Irda) had not given its approval to NIA to charge on the basis of running age from existing policy holders.

''Therefore, the petitioner and similarly placed senior citizens who were already holding mediclaim policies of NIA as on August 16, 2007 were entitled to renewal by charging the premium on the basis of the completed age on the date on which the renewed policy was issued. Hence, gross illegality had been committed by the insurance company by charging the premium on the basis of the running age of the insured on the date of issue of policy,'' added the judges. The HC said that other similarly places senior citizens have six months time from the publication of its order on the insurance company's website to apply for a refund. NIA will have to refund the excess amount along with the interest within two months.

Shah claimed that he and his wife had a mediclaim policy with NIA since 1998. During the annual renewal of the policy in 2007, they found that there were errors in the age mentioned in the policy, which resulted in a higher premium. On inquiring, they were informed that the company's new policy with effect from August 16, 2007 was to charge premium on the basis running age and not completed age. 

While the insurance company claimed that they had approval for the change, it was pointed out that in its communications IRDA had specified that existing policy holders would not be compelled to change to the new terms if they are prejudicial. 

The insurance company objected to the PIL saying that it was a private contractual dispute. They also said that the court could not go into the issue of fixing premiums. 

Article referred: http://timesofindia.indiatimes.com/city/mumbai/Insurance-company-told-to-refund-money-to-senior-citizens/articleshow/45499786.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.