S.S.SANDHAWALIA, BASANTI DEVI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
R. K. KESWANI – Respondent
Mr. Justice S.S. Sandhawalia, J.—The true import of the first exclusionary clause of Hospitalisation and Domiciliary Hospitalisation Benefit Policy (MED-I-CLAIM) of the National Insurance Company Limited is the solitary but very significant question in this appeal.
2. The respondent Dr. R.K. Keswani is a distinguished professional who retired as the Professor and Head of the Department of Surgery and Director of Medical College Rohtak. He took out a Hospitalisation and Domiciliary Hospitalisation Benefit Policy of the appellant company for a period of one year from the 6th of March, 1990 to the 5th of March, 1991. In the original proposal from Dr. Keswani with total candour expressly and prominently mentioned that he was a chronic patient of Ischemic Heart Disease from 1969 to 1990 and had received treatment from Dr. S.C. Sachdeva, Professor of Medical College, Rohtak and was not fully cured of the same. The proposal form of the complainat-respondent was accepted and he made a payment of Rs. 1,350/- as the annual premium which was duly received and the relevant policy issued in his favour.
3. After more than four months of the commencement of the said policy Dr. Keswani develope
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