By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant availed a mediclaim policy with opposite party. His daughter Busiana was a beneficiary and was covered under the policy. During the currency of the policy on 19-12-2005, Busiana accidentally fell from the 2nd floor of the house to the terrace of the first floor. In the fall her neck happened to be entangled on the line drawn for drying clothes. She became unconscious and was admitted and treated in MIMS hospital, Kozhikkode from 19-12-05 to 31-12-05. Complainant spent an amount of Rs.48,255/- towards treatment expenses and also incurred Rs.50,000/- towards miscellaneous expenses. Though a claim was preferred under the policy opposite party repudiated it on unsustainable grounds. Hence this complaint alleging deficiency in service and claiming Rs.26,250/- as benefits under the policy.<br /> 2. Notice was served upon both opposite parties. They were absent and set exparte on 25-7-08. Evidence consists of affidavit filed by complainant and Exts.A1 to A7 marked on the side of complainant. Complainant has reieterated his contentions in the affidavit. Ext.A1 is the policy schedule which shows the period of the policy to be from 05-10-05 to 04-10-2006. Ext.A4 which is the discharge summary proves that Busiana was treated as inpatient in MIMS hospital for the relevant period. Opposite party has not stated any specific reason for repudiation in Ext.A6 repudiation letter. Upon the unrebutted evidence placed before us we are able to conclude that complainant has succeeded in establishing a case in his favour.<br /> 3. In the result, we allow the complaint and order opposite parties to jointly and severally pay a sum of Rs.26,250/- (Rupees Twenty six thousand two hundred and fifty only) to the complainant within one month from the date of receipt of copy of this order. We make no order as to costs.<br /> <br /> Dated this 4th day of September, 2008.<br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A7<br /> Ext.A1series : Policy Schedule. <br /> Ext.A2 : Mediclaim Insurance Policy Claim Form submitted by complainant<br /> to 1st opposite party.<br /> Ext.A3 : Medical report dated, 12-01-06 given by Dr.P.C.Anver<br /> in the name of Busiana.<br /> Ext.A4 : Discharge Summary dated, 31-12-2005 from MIMS Hospital,<br /> Kozhikkode in the name of Busiana.<br /> Ext.A5 series : Bill dated, 31-12-2005 from MIMS Hospital, Kozhikkode <br /> in the name of Busiana.<br /> Ext.A6 : Repudiation letter dated, 28-02-06 by 2nd opposite party<br /> to complainant.<br /> Ext.A7 : Repudiation letter dated, 20-02-06 by 1st opposite party<br /> to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER