JUDGMENT :

The writ petitioner, a health insurance company challenges Ext.P8 order dated 16.11.2012 in Complaint No.IO/KCH/GI/11-017-566/2011-12 on the file of the Insurance Ombudsman, Kochi. The facts emerging from the pleadings reveal that the respondent had taken a Medi-Classic Health Insurance Policy from the petitioner. Ext.P1 policy was issued to the respondent. The period of insurance was from 8.2.2011 to 7.2.2012. The policy was taken after a preliminary medical examination. The respondent suffered throat pain on 11.3.2011 and was admitted in SUT Royal Hospital, Kochulloor, Trivandrum. He was diagnosed as suffering from Papillary Carcinoma Thyroid and was advised to remove the Thyroid Gland immediately. The respondent underwent a surgery on 16.3.2011.

2. The respondent thereafter made a claim for insurance amount. As the petitioner did not respond, Ext.P2 complaint was preferred by the respondent before the Insurance Ombudsman. The respondent stated before the Insurance Ombudsman that he was approached by the Agent of the insurance company on 2.2.2011, was subjected to medical check up on 3.2.2011 and as and when the formalities were over, the respondent had paid the full pre