NEW INDIA ASSURANCE CO.LTD. Vs. OM KHOSLA

JUDGEMENT

(1.) THIS appeal arises from the order dated 23.8.2003 passed by the District Forum directing the appellant to pay Rs. 1,59,105 towards the mediclaim policy with interest @ 12%.

(2.) ADMITTEDLY the respondent insured underwent angioplasty operation in Escorts Heart Institute and remained there from 12.4.1998 to 15.4.1998 and filed a claim of Rs. 1,59,105 towards the actual medical exenses incurred by him but the claim was repudiated by the appellant on the ground that the disease was pre -existing and concealment about this fact disentitled the respondent from claiming mediclaim.

(3.) WE have perused the impugned order and find thatthe claim of the respondent was repudiated mainly on the basis of the report of its panel doctor who formed his opinion on the basis of the record of the Escort Heart Institute. There are two reports of the Escort Heart Institute. One is dated 9th March, 1998 and another is dated 15th April, 1998.According to the panel doctor both these reports contradict each other as on the basis of record dated 9.3.1998 of Escort Heart Insitute œwhen the respondent was admitted for the first time with complaint of angina on exertion the attending doctor in the clinical summary has mentioned '' ˜has AOE II X 9 years (1989), i.e., TMT test conducted on 9th April, 1989 was positive whereas as per the discharge summary dated 15th April, 1998 the patient had been suffering from angina and dysponia for the last 3 -4 years.