(Per : Justice Irshad Hussain, President)

This is insurer’s appeal against the order dated 28.08.2008 passed by the District Forum, Haridwar, whereby consumer complaint No. 120 of 2006 was allowed against the insurer with costs of Rs. 2,000/- and the insurer was further directed to pay sum of Rs. 1,31,282/- with interest @ 9% p.a. and Rs. 15,000/- as damages for bed rest within the stipulated period by way of reimbursement of the expenses incurred in the treatment of the complainant, holding mediclaim policy for himself and his wife. In allowing the consumer complaint, the District Forum accepted the complainant’s claim that he suffered fracture of neck of femur (left) in a road accident on 23.08.2004 at Muzaffarnagar and had thereafter undergone total hip replacement at Vardhman Trauma & Infertility Pvt. Ltd., Muzaffarnagar, where he remained admitted from 23.08.2004 to 06.09.2004 and incurred expenses towards his treatment provided by Dr. Mukesh Jain, M.S. (Trauma & Joint Replacement Surgeon) of the said trauma centre. The District Forum rejected the defence stand taken by the insurer and third party administrator – opposite party No. 2, that the claim preferred under the t