Thiru Justice A. Raman, President—The complaint relates to the Mediclaim policy. The repudiation is on the ground that the complainant was suffering from diabetes and hypertension and he has suppressed those pre-existing diseases at the time of submitting the proposal form and, therefore, the opposite party is not liable. The lower Forum did not agree with the reason for repudiation and passed an award.

2. Now coming to the grounds of repudiation, we find from the declaration signed by the complainant that he has clearly stated that he was suffering from diabetes. Therefore, the contention that there was material suppression with regard to that disease vanishes. Though the opposite party had the original policy with them and the declaration in which it is specifically stated by the complainant that he was suffering from diabetes, it is rather unfortunate that the opposite party has chosen to make a definite stand that the complainant has suppressed the fact that he was suffering from diabetes. It does not befit an organization like the opposite party to misrepresent the facts.

3. Now coming to the other illness, it is stated that the complainant was suffering from hypertension.