ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJINDER SINGH

JUDGEMENT

(1.) -THIS is an appeal by the Oriental Insurance Company Ltd. against the judgment and order of the District Forum dated 20. 4. 2001 by which the complaint of complainant Rajinder Singh was allowed in the following terms:

(2.) BRIEF facts are that the complainant had taken a medi-claim policy from the appellant Insurance Company for the period 12. 3. 1998 to 11. 3. 1999 in the sum of Rs. 2. 50 lacs. According to the complainant, he fell ill and he was admitted in the CMC, Ludhiana on 13. 7. 1998 (wrongly mentioned in the impugned order as 18. 3. 1998) and was discharged from the said hospital on 8. 9. 1998. According to him, he had spent Rs. 2,88,125 on medical treatment and medicines in the hospital. The claim was lodged but the same was repudiated primarily on the ground that prior to the taking of the policy the complainant was suffering from hypertension and renal problems. After appreciating the evidence, etc. on the record the complaint was allowed as aforesaid. Hence, the present appeal.

(3.) THE points for determination, in this case, are, (i) whether there is anything on the record to show that the complainant respondent was suffering from hypertension/renal problems at the time he took the policy? and (ii) whether he had any knowledge about the alleged disease?