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2021 Supreme(SC) 799

D.Y.CHANDRACHUD, B.V.NAGARATHNA
Manmohan Nanda – Appellant
Versus
United India Assurance Co. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) :Gopal Sankaranarayanan, Zehra Khan, Shrutanjaya Bhardwaj, Shreya Choudhary, For M/S Law Associates, Advocates
For the Respondent(s):Sunaina Phul, Mohit Paul, Advocate

JUDGMENT :

NAGARATHNA J.

1. This appeal assails order dated 22nd May, 2015, passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as “the Commission” for brevity) in Consumer Complaint No. 92/2010 by which the complaint filed by the appellant was dismissed.

2. The facts in a nutshell are that the appellant had sought an overseas mediclaim policy-B (hereinafter referred to as “mediclaim policy”) as he intended to travel to the United States of America (“USA”) to attend the wedding of his sister-in-law’s daughter. The appellant was medically examined at the instance of respondent No. 1 insurance company prior to the consideration of his request for issuance of a mediclaim policy. On his medical examination, the report categorically noted that the appellant had diabetes-type II (also known as diabetes mellitus). No other adverse medical condition was found.

3. In the medical exam report, a specific query was sought as to whether any abnormalities were observed in the electrocardiogram test of the appellant. There was another query regarding any possibl

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