Mr. Justice Sunil Kumar Garg, President—This appeal has been filed by the appellant against order dated 3.5.2003 passed by the District Forum, Kota by which the complaint of the respondent was allowed in the manner that the appellant Insurance Company was directed to pay Rs. 2 lakh as amount of expenses incurred by the respondent in respect of medi-claim policy within 90 days failing which the appellant would pay interest @ 12% p.a. and further to pay Rs. 1,000 as amount of costs.

2. The necessary facts giving rise to this appeal are as follows :

That on 13.4.2000 the respondent complainant had filed a complaint before the District Forum, Kota inter alia stating that he had taken an Insurance Policy No. 243024/48/99/0007 for the period of 12 months w.e.f. 8.2.1999 to 7.2.2000 covering medi claim insurance for himself and his wife Smt. Meeta Agarwal for the sum of Rs. 2,50,000 for the expenses of hospitalization and Rs. 40,000 for domestic hospitalization. It was further stated in the complaint that in the second week of March 1999, the respondent had to go to Bombay where he felt swelling on his cheek on 10.3.1999 and thereafter he took consultation from Dr. Sanjay Gangawal and