NEW INDIA ASSURANCE CO.LTD. Vs. SURESH GARG

JUDGEMENT

(1.) RESPONDENT having obtained Videsh Vatra Mitra Policy on 25.5.1999 for proceeding on foreign tour for 28 days of U.S.A. U.K. and Europe, as also having paid Rs. 1754/ - as premium is not in dispute.

(2.) FROM the record it is apparent that respondent had undergone medical treatment after he left uneasiness in USA. He consulted the doctor there, and was operated upon for sudden blockage of veins in which he incurred an expense of Rs. 2 lacs. The doctor he consulted advised such an operation. On return the respondent asked the appellant to indemnify him in the sum of Rs. 2 lacs. This claim was resisted. As according to the appellant, respondent was already suffering from this disease and had withheld this material fact when he obtained the policy in question referred to hereinabove. Further ground to contest the claim was that the respondent failed to comply with the terms and conditions of the policy subject to which insurance was undertaken by the appellant, therefore, he was not entitled to anything.

(3.) AT the time of hearing Mr. Sharma learned Counsel for the appellant vehemently urged that even if what is alleged by the respondent regarding his suffering sudden ailment is USA is accepted for the sake of argument, he ought to have approached M/s Mercury Insurance there, who was to arrange for his treatment on behalf of his client. Further according to him policy having been obtained by fraud as the respondent was already suffering from disease for which he was operated upon in USA and he purposely withheld this fact, therefore, the contract of insurance became void and thus non -est. Lastly and in the alternative without in any manner conceding the claim of the respondent, he stated that total sum of Rs. 650 dollars in all was paid, therefore at best the respondent is entitled to its equivalent value in Indian Currency on the date of its payment i.e. 24.6.1999. In this behalf he referred to Annexure C -5 produced by the respondent.