- (1.) THE appellants are the opposite parties.
(2.) THE complainants filed a complaint against the opposite parties praying for payment of medical expenses spent by them towards treatment for the 1st complainant's wife under the continued the earlier policy with the opposite party National Insurance Company limited for the period of treatment during the year 2004 between 29.4.2004 to 8.5.2004 and the claim was repudiated by the opposite parties on the ground that the earlier policy under the Mediclaim policy were with the New India Assurance company Limited till 1996 and subsequently renewed with the opposite parties and doing so there was a delay of 528 days after 27.6.95 and only on 10.12.1996 the policy was renewed and thereby subsequent policy to be treated as new one and as per the terms and conditions of the renewed policy for the pre -existing disease under exclusion clause the claim was repudiated.
(3.) THE District Forum allowed the complaint by directing the opposite parties to pay a sum of Rs.25,000/ - towards expenses incurred by the complainant and to pay Rs.50,000/ - as compensation for mental agony and for deficiency in service and to pay Rs.2000/ - as costs. Against this impugned order the opposite parties filed the appeal stating that the District Forum erroneously allowed the complaint without considering the question of renewal of policy and exclusion clause relating to pre -existing disease and reiterated the contention already raised before the District Forum in their version.;