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2026 Supreme(Online)(Ker) 4078

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
DR SOUMYA SUSEELAN P – Appellant
Versus
MAX BUPA HEALTH INSURANCE CO.LTD. – Respondent


Advocates:
For the Appellants/Petitioners: S.K.SAJI, MAYAMOL T.S.
For the Respondents: JITHIN SAJI ISAAC, K.J.SAJI ISAAC, DR.ELIZABETH VARKEY, ABHISHEK S. KUMAR

Table of Content
1. insurance claim related to a health issue. (Para 1 , 2)
2. arguments regarding legality of claim rejection. (Para 4 , 5)
3. court's assessment on suppression of material facts. (Para 6 , 10 , 12)
4. materiality of disclosed information in insurance claims. (Para 8)
5. final ruling by the court on the petition. (Para 13)

The petitioner had a health insurance policy from 14.4.2020 till 13.4.2021 for a sum of Rs.5 lakhs for each person. The persons covered under the policies were herself, her husband, mother, mother – in - law and son. On 24.4.2020, the mother – in - law, named Thankamani was diagnosed with carcinoma of left breast and Modified Radical Mastectomy was done. A sum of ₹5,18,207.83 was expended by the petitioner for the treatment received. The claim was rejected and the petitioner filed a complaint before the insurance Ombudsman. The complaint was dismissed and the petitioner filed W.P.(C) No. 27939 of 2021 and this court by Ext.P5 judgment, set aside the order of the insurance Ombudsman and directed reconsideration after giving necessary opportunity of being heard within 4 months from the date of receipt of a copy of the judgment.

2. The Insurance Ombudsman,

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