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PREM NARAIN
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
RAJESH LAKKADWAL – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sushil Kumar Gupta, Advocate.
For the Respondent:Mr. Manoj Kumar Agrawal and Mr. Ritesh Khare, Advocates.

ORDER :

MR. PREM NARAIN, PRESIDING MEMBER

1. This revision petition has been filed by the petitioner, National Insurance Co. Ltd. against the order dated 7.9.2011 of the State Consumer Disputes Redressal commission, Madhya Pradesh (in short ‘the State Commission’) passed in First Appeal No. 952 of 2011.

2. Brief facts of the case are that the respondent had purchased a policy of mediclaim every year since November 24, 2004. During subsistence of the last policy commencing from 17.12.2008, the complainant sustained a heart attack, in which he had to spent a sum of Rs. 1,38,278 but the claim was declined on the ground that continuity between the last policy and the previous policy had not been maintained. Till 27.11.2008 the previous policy was effective but renewal was not done on 28.11.2008. However, a policy was issued on 17.12.2008 on 18.11.2009 the complainant/respondent was detected a known case of CAD, his CAG was done at CH & RC, which revealed LAD Ostium 99% Lession. On 23.11.2009 the complainant/respondent was admitted in the Vishesh Hospital for CABG Surgery. On 27.11.2009, the complainant/respondent underwent surgery and the complainant/respondent after getting over with the

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