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P.N.NAG, I.D.BALI, KRISHANA TANDON
MOHINI MOHINDROO – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Bimal Gupta, Advocate.
For the Respondent:Mr. Ravi Bakshi, Advocate.

ORDER

Mr. Justice P.N. Nag, President — The challenge in this appeal is to the order of the learned District Forum dated 24.9.92 whereby the complaint of the appellant/complainant (hereinafter to be referred to as the complainant) has been dismissed.

2. The relevant facts necessary to be set out here are that Smt. Mohini Mohindroo is the widow of late Shri Ramesh Chand Mohindroo. Late Shri Ramesh Chand Mohindroo, husband of the complainant, took a Medi-claim Policy No. 7582600129 in January, 1988 although it transpires from the evidence that this policy was admittedly taken on 31.12.87. According to the complainant, her husband had cramps in his legs while travelling and that he went to Batra Hospital. New Delhi to have investigation including angiography and the hospital authorities after investigation found that the husband of the complainant needed open heart surgery immediately and consequently he was operated upon under the package deal programme and an amount of Rs. 33,000/- was charged from him for his operation held in January 1988. According to the complainant, her husband never suffered any heart attack or any heart ailment earlier and such disease was never detected by any





















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