Claims cannot be rejected in the name of hereditary disease: Consumer Forum

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  • Petitioner’s minor son was diagnosed with spinal dystrophyris
  • The operation was done at a cost of 5.95 lakhs at Bombay Hospital in Mumbai
  • The insurance company rejected the claim made to recover the son’s medical expenses

A consumer court has slapped an insurance company for rejecting a claim stating that the disease is hereditary. The petitioner in the case, Jigneshbhai Desai, had taken out the insurance of his minor son with New India Insurance Company. During this time the younger son had a spinal MRI with hair growing on his back. Spinal dystrophy was diagnosed after the procedure. The operation was done at Bombay Hospital and Research Center in Mumbai. The cost of which was 5.95 lakhs.

Court judgment in medical insurance case

For this, the claim was rejected by the insurance company claiming that the disease was concealed at the time of taking out the insurance even though the disease was hereditary. However, at the end of Janak Desai’s arguments on behalf of the complainant, the consumer court noted in the judgment that after studying all the medical papers, one thing is clear that it is natural that the patient or the family will not know about this disease for a long time after the birth of the child, so the policy takes It is also clear that Velala has not mentioned them. In these circumstances the claim cannot be denied. The consumer court ordered the insurance company to pay the amount with interest at seven per cent per annum from the date of presentation of the claim and to pay twenty thousand as other compensation to the consumer for the distress and expenses incurred.

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