ORDER

K. Sampath, President - The complainant in O.P. No. 233/2000 on the file of the District Consumer Disputes Redressal Forum, Chennai (South) is the appellant herein. The case of the complainant was as follows:

(a) Her husband had taken four policies during his life-time. The policies were taken respectively on 28.3.1992 for Rs. 10,000, 24.12.93 for Rs. 30,000, 3.3.1997 for Rs. 50,000 and 10.2.1998 for Rs. 10,000. On 10.11.1998, the complainant's husband was admitted in the St. John's Medical College Hospital, Bangalore, for chest pain and vomiting. He died within 5 hours from the time of admission. The complainant preferred a claim before the opposite party. The opposite party settled the claim relating to the first two policies but repudiated the claim with regard to the 3rd and the 4th policies. Attributing deficiency in service, the complaint was filed.

2. The case of the opposite party was as follows : The claim in respect of the later two policies was repudiated on the ground that the deceased was suffering from hypertension for over five years prior to his taking the two policies and the repudiation was in order and that there was no deficiency in service.

3. Before the Dist