IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 7674 of 2010 Date of Decision: 25.11.2010 The New India Assurance Co. Ltd. .... Petitioner Versus Hoshiar Singh ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. R.K. Bashamboo, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 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:- C.R. No. 7674 of 2010 2 “2. 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. (ALOK SINGH) 25.11.2010 JUDGE reena