ORIENTAL INSURANCE CO LTD Vs. A SANKARAN

JUDGEMENT

(1.) the complainant made a claim for recovery of hospitalisation expenses incurred by him by virtue of the medical policy namely Hospitalisation and Domiciliary Hospitalisa-tion Benefit Policy which he had with the opposite party for a period from 6.3.1996 to 5.3.1997.

(2.) The opposite party disputed the claim saying that the hospitalisation had taken place and the illness had occurred within 30 days of policy and it was a pre-existing illness. Therefore, the exclusion clause will apply and hence they are not bound to pay the amount.

(3.) The lower Forum, however, rejected the contentions of the opposite party and directed the opposite party to pay a sum of Rs.28,148/- together with interest at 12% per annum from 9.4.1996 with cost of Rs.1,000/-. Hence, the present appeal by the opposite party.