BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD Vs. SOKALCHAND
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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N.KANNADASAN, J. -
(1.) The appellants are the opposite parties and the respondent is the
complainant before the District Forum. The complaint was filed by one
Sokalchand, since deceased as against the opposite parties challenging
their action in repudiating the claim made by him with regard to the
medical expenses incurred. According to the complainant, the insured has
taken the policy, wherein, all the details are furnished including
diabetes and later on when he has incurred expenditure for
hospitalization, the same was repudiated. Hence, the complaint is
preferred before the District Forum.
(2.) The opposite parties/appellants resisted the complaint by contending
that there was suppression of material facts particularly in the policy,
the period of pre-existing disease viz., the diabetes was indicated as if
the insured was suffering from the said disease for a period of 5-years
only even though, as per subsequent investigation, the insured was
suffering from diabetes for more than 20- years.
(3.) The District Forum by considering all the relevant materials allowed
the complaint by granting the relief as stated therein. Appellants
preferred this appeal as against the said order.;
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