NATIONAL INSURANCE COMPANY LIMITED Vs. JATINDER SINGH & ANR.
LAWS(NCD)-2021-1-6
NCDRC
Decided on January 05,2021

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Jatinder Singh And Anr. Respondents

JUDGEMENT

C.VISWANATH, J. - (1.) The present Appeal is filed by the Appellant against Order passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the "State Commission") in MA/1857/2019 in/and CC/127/2019 dated 18.03.2020.
(2.) Father of Respondent No.1/Complainant obtained Medical Insurance Policy No.404000501810000094 from the Opposite Party/Insurance Company, which was valid from 05.05.2018 to 31.10.2018. The Policy covered medical expenses of USD 2,50,000/- for Illness, USD 2,50,000/- for accident, USD 25,000/-, for Personal Accident, USD 1,000/- for loss of checked in Baggage, USD 100/- for delay of checked in Baggage, USD 250/- for Loss of Passport and USD 2,00,000/- for Personal Liability. At the time of taking the Policy, the insured had disclosed that he was suffering from hypertension and diabetes. Opposite Parties got the insured medically examined and thereafter issued the Medical Insurance Policy.
(3.) On 05.05.2018, the Insured went to Birmingham alongwith his family. On the night of 30.08.2018, he suffered heart attack and was taken to the hospital. On 01.09.2018, Angiography was done and claim for reimbursement was filed on 03.09.2018. The Complainant's father expired on 14.09.2018. Opposite Parties repudiated the claim on the ground that the deceased father of the Complainant was having pre-existing disease. Claiming deficiency in service on the part of the Opposite Parties, the Complainant filed a Complaint before the State Commission with the following prayer: - i. Pay the medical expenditure to the tune of Sterling Pounds 39549.63, Sterling Pounds 3645 for Repatriation services of late father of the complainant total amounting to Rs.36,30,656/- and Rs.3,34,611, as per the prevalent exchange rate total amounting to Rs.39,65,267/- ii. Pay compensation to the tune of Rs.10,00,000/- on account of pain, mental agony and harassment suffered by the complainant. iii. To pay litigation cost of Rs.1,00,000/- ;


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