BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD Vs. SOKALCHAND
LAWS(TNCDRC)-2008-10-17
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 14,2008

Appellant
VERSUS
Respondents

JUDGEMENT

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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