The New India Assurance Co. Ltd vs Hoshiar Singh

Alok Singh, J.—Insurance Company has challenged order dated 29.1.2010 on the ground that vehicle in question was insured previously

with ICICI Lombard and subsequently for the period commencing from 31.12.2006 vehicle was insured with the Petitioner company and at the

time of filling up the form insured has not disclosed that he has taken claim against the previous policy, hence, less amount of premium was charged

giving benefit of no claim against the previous policy.

Learned Counsel for the Petitioner states that had fact of claim against the previous policy been disclosed company would have not granted him

discount for the premium.

Item D relating to discount in the form contains Clause No. 2 is as under:

Are you entitled to No Claim Bonus?

Yes/No

Previous Policy Details:

...(if yes, please submit proof thereof, i.e. NCB from previous insurer, otherwise not entitled for the same.

Perusal of condition No. 2 reveals that if any discount is being sought by the insured on the ground that no claim was ever made against the

previous policy, he has to submit NCB from the previous Insurance Company. Since no NCB was produced and company has not asked NCB

and without any NCB, discount was granted by the Company, Company has to blame itself.

Dismissed.