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It is reported very good judgement. Insurance-contract of Insurance -Life insurance policy clause-4 Non forefeiture regulations challenge to the constitutional validity of forefeiture of the premium amount pid by discontinued policy holders-action of the authorities-legality of HeLD The condition imposed by the insurance company while assuring the life of the policy holdes to forfeit the amount if the premium is not paid for full three year, will be detrimental to the interest of the common man and it will be in clear violation of articles 21, 38 and 39 of the constitution The imposition of the condition No>4 in the policy is more stringent, harsh, arbitrary and in negation of the principles canvassed in articles 38 and 39 of the constitution thereby depriving the policy holders their right to get back the amount of premium paid by them at the instance of the state agency further held The implied condition of forfeiture clause provided under condition NO.4 by the authorities in the insurance policy is held to be void and without any basis direction is issued to the authorities to return the premium amount paid by the discontinue policy holders if th policy is not renewed. -------------------------------------------- In large number of cases for discontinuation of policy after paying full three years and even for full 3 years premium was not paid. In such cases insurance co., forfeites the policy and denies to refund the paid by the policy holder. But High Court held that it is violation of articles 21,38 & 39 of Indian constitution.
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Category Civil Law, Other Articles by - adv. rajeev ( rajoo )