J.D. Kapoor, President—Vide impugned order dated 2.12.2003 passed by the District Forum, the appellant has been directed to make payment of Rs. 45,007 towards medical expenses incurred by the respondent with interest @ 9% p.a. and also pay Rs. 2,000 as compensation for harassment and mental agony and Rs. 500 as litigation cost. Feeling aggrieved the appellant has preferred this appeal.

2. Respondent filed the instant complaint before the District Forum when his claim for medical claim was rejected by the appellant company on the ground that respondent had concealed the factum of pre-existing disease. The case of respondent before the District Forum, in brief, was that he had obtained a mediclaim policy from the appellant which he used to get renewed every year. According to the respondent, his wife fell sick suddenly on 2.03.01 and he took her to Shanti Mukand Hospital where he was informed that she had stones in gall bladder. He told the doctor that his wife had got herself operated from Tirath Ram Hospital in 1994 in respect of stones upon which the doctor asked him to show the reports of 1994. He informed the doctor that those reports had already been submitted to the