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K.RAMANNA, A.M.BENNUR, RAMA ANANTH
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
S. RAJA – Respondent


Advocates Appeared:
Mr. C.R. Ravishankar, Advocate, for the Appellant; Mr. A.C. Chetan, Advocate, for the Respondent

ORDER

K. Ramanna, President - This is an appeal filed by OP No. 2 challenging the order dated 4.5.2010 passed by the IV Addl. DF, Bangalore in Complaint No. 796/2009 whereby the complaint filed by the complainant came to be allowed directing OP Nos. 2 and 3 jointly and severally to reimburse Rs. 1,00,000 towards medical expenses of the complainant with interest at 9% p.a. from the date of this complaint along with litigation expenses of Rs. 2,000 to the complainant. Hence, this appeal.

2. The facts of the case are as follows:

Complainant is an employee of Bharat Electronics Officers Club. The said club has taken Swastik Health Care Medical Policy from OP No. 2/Insurance Company to its employees. The said policy was valid from 28.11.2007 to 27.11.2008 for Rs. 1,00,000 each. On 28.6.2008 the complainant admitted to Bhagvan Mahaveer Jain Heart Centre and due to chest pain and undergone surgery for deep venous thrombosis of legs, pulmonary embolism and IVC filter and discharged on 12.7.2008 by spending Rs. 1,24,954 towards medical expenditure. Thereafter he submitted claim to the OPs. OPs repudiated the claim. Therefore, he filed a complaint before the DF.

3. On service of notice, OPs 1 to

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