M.M. Kumar, J

1. The instant appeal filed under Clause 10 of the Letters Patent challenges judgment dated 4.5.2011 rendered by the learned Single Judge dismissing the writ petition of the petitioner appellant M/s IFFCO TOKIO General Insurance Company Ltd. (for brevity, ‘the Insurance Company’).

2. Brief facts of the case are that Shri Naresh Aggarwal respondent No. 2 had taken an individual mediclaim policy for himself and his wife from the Insurance Company, which was valid from 6.6.2007 to 5.6.2008 (P2). In the terms and conditions of the policy there was a specific exclusion clause No. 1 under the heading ‘What is not covered’, which reads as under :

“What is not covered :

All Diseases/injuries which are in preexisting condition when the cover incepts with us for the first time. However, this exclusion shall cease to apply for such Preexisting Condition if You/Insured Person have maintained an Individual Medishield Insurance Policy with us for a consecutive 3years period prior to the present policy coverage and no claim, care, treatment or advice has been recommended by or received from a Medical Practitioner in relation to such PreExisting Condition during that 3year pe