LAWS(NCD)-2014-12-82

REENA KANSAL Vs. UNITED INDIA INSURANCE COMPANY

Decided On December 01, 2014
Reena Kansal Appellant
V/S
UNITED INDIA INSURANCE COMPANY Respondents

JUDGEMENT

(1.) This revision is directed against the order of the Punjab State Consumer Disputes Redressal Commission in First Appeal No.1194 of 2008 whereby the State Commission concurred with the decision of the District Forum Ludhiana and dismissed the appeal resulting in dismissal of the complaint of the petitioner complainant.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the petitioner obtained a mediclaim policy from respondent no.1 insurance company effective for the period 19.09.2006 to 18.09.2007. During the subsistence of the insurance policy, the petitioner underwent surgery for knee implant replacement at Beach Candy Hospital Trust Mumbai. The cost of surgery implant was Rs.6,26,062/-. The petitioner filed an insurance claim but her claim was repudiated on the ground that petitioner obtained the insurance policy by concealment of material facts that she got one lateral total knee replacement (TKR) in the year 1990. As such, the insurance contract having been obtained on the basis of concealment was invalid.

(3.) The District Forum Ludhiana on consideration of the pleadings and evidence dismissed the consumer complaint vide order dated 04.09.2008.