(Per: Justice B.C. Kandpal, President):

This is insurer’s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 28.06.2007 passed by the District Forum, Nainital in consumer complaint No. 127 of 2006. By the order impugned, the District Forum has partly allowed the consumer complaint and directed the appellant – opposite party to pay sum of Rs. 17,061/- to the respondent – complainant together with interest @9% p.a. from the date of filing of the consumer complaint till payment and Rs. 1,500/- towards litigation expenses.

2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant had purchased a mediclaim policy from the opposite party – National Insurance Company Limited (appellant before this Commission) for insured sum of Rs. 1,00,000/-. The policy was valid for the period from 03.02.2005 to 02.02.2006. On 25.09.2005, the complainant suffered a disc slip and consulted Dr. Ashok Kumar of S.S. Nursing Home, Moradabad on 27.09.2005, who prescribed x-ray and MRI and referred him to Sai Hospital, Moradabad. On 27.09.2005, the doctor of Sai Hospital, Moradabad prescribed some medicines to the complaina