V.K.JAIN,PRESIDING MEMBER - (1.) THE respondent/complainant as well as his wife obtained a mediclaim policy from the petitioner -company for the period from 11 -09 -2004 to 10 -09 -2005. The respondent/complainant was taken to Minakshi Hospital, Ghaziabad when he complained of chest pain in the night intervening 4/5 -01 -2005. From Minakshi Hospital he was referred to Kailash Heart Institute at Noida, since the doctor in Minakshi Hospital was of the opinion that he had a mild heart attack. He remained hospitalized at Kailash Hospital, Noida from 05 -01 -2005 to 11 -01 -2005 and underwent angioplasty. The complainant submitted a claim of Rs.3,28,862/ - to the petitioner company. The said claim was, however rejected on the ground that the hospitalization was for the management of an ailment which was a pre -existing disease. Aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a complaint.
(2.) THE complaint was resisted by the petitioner -company primarily on the ground that the complainant had history of acute hypertension and CAD which are main factors for heart ailment but the aforesaid ailment was not disclosed by him to the insurance company at the time of taking the policy.
(3.) THE District Forum vide its order dated 02 -08 -2007 allowed the complaint and directed the insurance company to pay the amount of Rs.3,28,862/ - along with compensation amounting to Rs.50,000/ - and cost of litigation amounting to Rs.5,000/ -. Being aggrieved from the order of the District Forum the insurance company approached the concerned State Commission by way of an appeal. Since there was some delay in filing the appeal an application for condonation of delay was filed. The said application, however, was dismissed. Consequently, the appeal filed by the petitioner company was dismissed as barred by limitation. Being aggrieved from the dismissal of its appeal the insurance company is before us by way of this revision petition.;