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S.K.DUBEY, N.K.VAIDYA
ISHWAR CHANDRA GANGRADE – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Counsel for the Parties :
For the Complainants :Mr. A.M. Mathur, Sr. Adv. with Mr. Ashutosh Upadhyay, Advocate.
For the Opposite Parties :Mr. Mahavir Bhatnagar and Mr. S.K. Menon, Advocates.

ORDER

Mr. Justice S.K. Dubey, President—The complainant No. 1 is the husband, the complainant Nos. 2 to 4 are the sons and the complainant No. 5 is the daughter of the deceased Smt. Vimaldevi Gangrade (for short ‘insured’) who have filed this complaint under Section 17(a)(i) of the Consumer Protection Act, 1986 (for short the ‘Act’) to claim the amount of Rs. 20 lacs on account of deficiency in service by the opposite parties (for short the ‘insurer’) in not making the payment of 5,000/- dollars the expenses incurred in Houston Northwest Medical Center in terms of the Overseas Mediclaim Policy Annexure A-1 (for short the policy) as a consequence of that the insured could not continue her treatment and had to come back to India on 1.9.1991, who ultimately died on 10.10.1992.

2. The insured filled up the proposal form for obtaining policy on 10.6.1991 for a period of 120 days, i.e. for four months and paid the full premium of Rs. 2,921/- by crossed account payee’s cheque No. 222252 dated 10.6.1991 drawn on UCO Bank, Branch Anoop Nagar, Indore. The proposal form and the amount of premium was accepted by the opposite party (the ‘insurer’) of which a receipt No. 359337 was issued. The ins























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