M. THANIKACHALAM J. - (1.) The opposite party is the appellant
(2.) Facts leading to this appeal The complainant/ respondent, had taken a family mediclaim policy, with the opposite party, from the period 15.11.00, which was renewed periodically, covering the period from 15.11.2001 to 15.11.2002, for which premium also paid, without default.
(3.) As advised by the Doctor, the complainant had taken treatment, as inpatient in R.S. Trinity Acute Care Hospital, Mylapore, for heart ailment, and he was also operated, incurring an expense of Rs.150000/- and thereafter discharged on 29.6.2002. The complainant claiming the amount assured under the policy, lodged a claim, which was repudiated on false ground, as if it was a pre-existing disease, excluded under the policy, thereby committing deficiency in service, which was not even rectified even after the issuance of legal notice. Hence the complainant is entitled to, not only medical expenses of Rs.150000/-, but also a further sum of Rs.50000/- towards mental agony.;