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2020 Supreme(Online)(NCDRC) 907

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
V.K. JAIN, PRESIDING MEMBER
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SURINDER SINGH – Respondent


Advocates:
For the Appellants/Petitioners: Dr. Sushil Kumar Gupta
For the Respondents: Mr. Parminder Singh

Table of Content
1. policy dispute initiated over treatment costs. (Para 1 , 2 , 3)
2. insurer's grounds for claim repudiation challenged. (Para 4)
3. lack of evidence by insurer to support claim denial. (Para 5)
4. court confirmed prior decision, stipulating insurer responsibility. (Para 6)
JUSTICE V.K.JAIN (ORAL)

The complainant/respondent obtained a mediclaim policy from the petitioner company for the period from 31.01.2011 to 30.01.2012 which was later on renewed for the period from 31.01.2012 to 30.01.2013. The complainant suffered from some heart ailment and was taken to Government Hospital Chandigarh. From there he was shifted to PGI Chandigarh in September 2012. He underwent angioplasty incurring expenses of Rs. 3,44,703/- on his treatment. The claim lodged by him which was repudiated by the letter dated 03.11.2012 written by the TPA to the insurer and filed by the complainant along with the consumer complaint. The said letter, to the extent it is relevant, reads as under:-

"1. PATIENT SUFFERED FROM CORONARY ARTERY DISEASE, HYPER TENSION. AS PER THE MEDICAL RECORDS AVAILABLE, PATIENT IS KNOWN CASE OF HYPERTENSION FROM 5-6 YEARS AND PATIENT ALSO HAS HISTORY OF OLD INFERIOR WALL MYO


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