Skip to main content

Illness recurring after a long gap cannot be the reason for rejecting claim

In  VIPIN GROVER & ANR. Vs NEW INDIA ASSURANCE CO. LTD., the insurance company rejected a claim as the claimant had suffered the same illness 17 years back.

The NCDRC decided that the main controversy in this case is ‘whether the repudiation under clause 4.1 of the policy excludes all diseases/injuries which are from pre-existing disease when the cover incepts for the first time?  It is an admitted fact that the complainant underwent CABG in 1990 and it was brought to the notice of the OP at the time of filling of proposal form.  Thereafter, for more than 16 years, the insured had no cardiac complaints.  In our view, the disease was treated completely and the patient was under medication. The patient remained active for more than 16 years.  It appears that the OP had relied upon preponderance of probability that the persons who underwent CABG are prone for the recurrence.   Even as per clause 15, already four years waiting period was over from commencement of policy.  In 2007, he underwent angiography and angioplasty at Batra Hospital.  Therefore, in our view, the present treatment of coronary PTCA was not a consequence of any pre-existing disease.  It was neither late effect of previous cardiac ailment nor was there any pre-existing condition for which the patient needed angioplasty.

We are rather surprised that the insurance company tried all means to repudiate the claim on one or the other ground.  The OP failed to prove that the present treatment was due to the pre-existing disease.  It should be borne in mind that every human suffers trivial or minor health problems during his life span.  In the medical science, any major disease is a complex pathophysiological phenomenon having co-relation with other minor diseases also.   Therefore, if the insurance companies co-relate each and every disease with pre-existing condition, under such circumstances, the insured i.e. helpless consumers will never succeed to get his genuine claim from the insurance company.  For example, if one suffers Tuberculosis (TB) in childhood, gets cured completely by the radical Anti-koch’s treatment for 9 months; then, if he develops meningitis in his adulthood after span of 10 to 20 years, it shall not be construed as it was due to pre-existing disease.  Therefore, in our view, the OP had repudiated the claim on wrong premise, which is unjustifiable.

Comments

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...