NATIONAL INSURANCE COMPANY LIMITED Vs. KRISHNA AVTAR AGGARWAL

JUDGEMENT

(1.) THIS appeal arises out of Mediclaim Policy obtained by the respondent from the appellant for himself and for his wife for a period of one year commencing from 7.2.1996. Claim of Rs. 2,00,000/ - spent by the respondent on her treatment of operation for Coronary artery bypass grafting was repudiated by the appellant on the ground of respondent having concealed the fact that the disease was pre -existing at the time of taking the policy. Feeling aggrieved the respondent approached the District Forum by way of filing the complaint under Section 12 read with Section 17 of the Consumer Protection Act, 1986. Vide impugned order dated 7.7.2000 the complaint was allowed and the appellant was directed to pay Rs. 1,00,000/ - as per terms of the policy with interest @ 9%.

(2.) THROUGH this appeal the appellant has assailed the impugned order mainly on the ground that the respondent had concealed the factum of history of in -patient and out -patient during the years 1994 and 1996 for the following disease:

(3.) THERE is no dispute with regard to the following primary facts: