LAWS(SC)-2021-12-15

MANMOHAN NANDA Vs. UNITED INDIA ASSURANCE CO. LTD

Decided On December 06, 2021
Manmohan Nanda Appellant
V/S
United India Assurance Co. Ltd Respondents

JUDGEMENT

(1.) This appeal assails order dated 22nd May, 2015, passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as "the Commission" for brevity) in Consumer Complaint No. 92/2010 by which the complaint filed by the appellant was dismissed.

(2.) The facts in a nutshell are that the appellant had sought an to attend the wedding of his sister-in-law's daughter. The appellant was medically examined at the instance of respondent No. 1 insurance company prior to the consideration of his request for issuance of a mediclaim policy. On his medical examination, the report categorically noted that the appellant had diabetes-type II (also known as diabetes mellitus). No other adverse medical condition was found.

(3.) In the medical exam report, a specific query was sought as to whether any abnormalities were observed in the electrocardiogram test of the appellant. There was another query regarding any possible illness or disease for which the appellant may require medical treatment in the ensuing trip to the USA. To both these queries, Dr. Jitendra Jain, the doctor who examined the appellant had answered "normal" and "no" respectively. The representative of the respondent insurer on receipt of the medical reports assured the appellant that on verification of the same the policy would be issued.