RADHEY SHYAM GOYAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has been filed by the complainant appellant against the order dated 9. 6. 2003 passed by the District Forum-I, Jaipur in Complaint Case No. 294/2002, by which the complaint of the appellant was dismissed.

(2.) IT arises in the following circumstances:

(3.) THAT the complainant appellant had filed a complaint against the respondent Insurance Company before the District Forum-I, Jaipur on 8. 10. 2002 inter alia stating that he had taken a mediclaim policy from the respondent for the period 7. 10. 1998 to 6. 10. 1999 for a sum of Rs. 1 lac. It was further stated in the complaint that the said policy was renewed for the period 7. 10. 1999 to 6. 10. 2000 and the amount insured was also increased from Rs. 1 lac to Rs. 1. 50 lac and that policy is marked as Annexure B at page 2 of the complaint. It was further stated in the complaint that during the relevant period the complainant appellant had got the operation of cataract in his right eye in the month of April 2000 and for which information was given to the respondent Insurance Company claiming Rs. 36,319. 28 which were incurred for getting the operation of the eye. But that claim was repudiated by the respondent Insurance Company through letter dated 13. 6. 2001 on the ground that the complainant appellant was having pre-existing disease, therefore, on that ground no amount was payable and file was closed and thereafter the present complaint was filed claimaing Rs. 36,319. 28.