PER SHRI.1)        

2)             

3)        written statement. It is contended that the Complainant has not disclosed any cause of action against the Opposite Parties, and the complaint filed by the Complainant is misconceived, bad in law, untenable hence, the complaint is liable to be dismissed with costs. It is contended that the material allegations in the complaints are denied by the Opposite Party No.2.      

4)         

5)       

6)       .1 of policy the exclusion of pre-existing disease.  Hence, the Opposite Party No.2 rightly repudiated the claim of the Complainant as per the terms and conditions of the policy. 

           As per the observations of Hon’ble Apex Court in the above judgment it is the obligation of insured to disclose true and full information sought in proposal form. 

7)            

           .1 of the policy the Opposite Party No.2 has rightly repudiated the claim is not acceptable.  

“We have taken a view in large number of cases that disease like hypertension diabetes etc. are so common and are always controllable and unless and until patient has undergone long treatment including hospitalization and remain in hospital for days and undergoes operation etc. in the near proximity of taking the policy cannot be accused of concealment of material fact. 

O R D E R

i.                   Complaint No.280/2009 is partly allowed against the Opposite Parties.

ii.                The Opposite Parties are directed to pay an amount of Rs.1,35,310/- (Rs. One Lac Thirty Five Thousand Three Hundred Ten Only) with interest @ 6% p.a. from 20/07/2007 till it’s realization to the Complainant.

iii. and unnecessary harassment and Rs.5,000/-(Rs.Five Thousand Only)costs towards the present litigation and correspondence & other charges.

iii.              The Opposite Parties shall comply with the aforesaid order within one month from the date of service of this order. 

iv.              Certified copies of this order be furnished to the parties.