UNITED INDIA INSURANCE CO LTD Vs. KUSUM GUPTA

JUDGEMENT

(1.) Respondent was admitted in the hospital on 24.4.1999 where she underwent minor surgery of hysterectomy Meaorrhgia and filed mediclaim of Rs. 45,588 towards the medical expenses incurred by her. The claim of the respondent was repudiated by the appellant by invoking the Exclusion Clause 4.3 providing the specific diseases which are not covered during the first year of the policy. Feeling aggrieved, the respondent has filed the instant complaint before the District Forum.

(2.) While allowing the complaint of the respondent vide its order dated 31.1.2002, District Forum, directed the appellant to pay the expenses incurred by the respondent and also to pay Rs. 2,000 as compensation for mental agony and harassment including the cost of litigation.

(3.) Learned Counsel for the appellant has assailed the impugned order on the following premises :