Mr. Justice A.P. Chowdhri, President— Facts material for the purpose of this appeal may be stated as follows :

2. Mr. Pankaj Jain obtained a medicalim policy jointly with her minor daughter Amisha (9) from the Oriental Insurance Company, opposite party-2, the 3.8.91. It was renewed on 24.8.92. Amisha fell ill during her visit to her maternal grand parents in Delhi in April, 1993. She was taken to Dr. A.K. Mittal, who suspected some heart problem and advised the grand father of the girl to take her to hospital. She was taken to All India Institute of Medical Sciences, New Delhi on 4.6.93 where she was advised to undergo ECHO test and angiography. As the waiting list at AIIMS was rather long, the said tests were carried out at G.B. Pant Hospital. She was found to be a case of hole in the heart. She was admitted to AIIMS on 21.6.93 where an operation was carried out on 23.6.93. A claim for Rs. 36,000/- odd was lodged with the Insurance Company on 6.9.93. It was repudiated on 3.5.94. The present complaint was filed on 13.5.94 claiming payment of Rs. 36,074/- alongwith interest and compensation to the tune of Rs. 50,000/-.

3. The complaint was resisted mainly on the ground that the c