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2021 Supreme(Online)(KER) 19250

ANIL N.MENON – Appellant
Versus
THE INSURANCE OMBUDSMAN – Respondent


Advocates:
['ANIL GEORGE', '', 'SRI JOBY JACOB PULICKEKUDY', 'SHRI DAJISH JOHN', 'SHRI HARIKRISHNAN P', 'SRI GEORGE A CHERIAN', 'SRI ALEXY AUGUSTINE']

JUDGMENT

The petitioner is an autorickshaw driver. The petitioner availed an insurance policy from the 2nd respondent, as evident by Ext.P1. The petitioner was admitted at Medical Trust Hospital for the treatment of liver disease from 12.11.2019 to 18.11.2019. Thereafter, the petitioner claimed for the expenses of Rs.68,733/- incurred for treatment with claim No.KOC-1119-CL-0005153 to the 2nd respondent. It is the case of the petitioner that he availed the policy for more than 10 years and was paying the premium annually without default for renewal each year. According to the petitioner, this was the first time the petitioner made a claim before the 2nd respondent and the claim has been rejected arbitrarily by the 2nd respondent alleging that the ailment was caused due to consumption of alcohol. The true copy of the rejection letter sent by the Branch Manager of the Insurance Company is Ext.P2. It is stated in Ext.P2 that “from the given particulars of treatment and course of treatment adopted as per medical records, it is found that the hospitalisation is due to an ailment caused due to consumption of alcohol. Ailment/injury attributed to alcoholism is not payable, as per clause 4

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