w w w . L a w y e r S e r v i c e s . i n



George Vattoly & Another v/s Medicare Service Club & Another


Company & Directors' Information:- D. S. MEDICARE PRIVATE LIMITED [Active] CIN = U85100WB2008PTC129181

Company & Directors' Information:- K K MEDICARE PRIVATE LIMITED [Active] CIN = U85310CH1998PTC021033

Company & Directors' Information:- MEDICARE INDIA PRIVATE LIMITED [Amalgamated] CIN = U99999TG1986PTC006690

Company & Directors' Information:- K D MEDICARE PRIVATE LIMITED [Active] CIN = U85110DL2000PTC107059

Company & Directors' Information:- A & A MEDICARE PRIVATE LIMITED [Active] CIN = U85190WB2009PTC140435

Company & Directors' Information:- V G S MEDICARE INDIA PRIVATE LIMITED [Strike Off] CIN = U24231TN1988PTC015301

Company & Directors' Information:- I AND P MEDICARE LIMITED [Strike Off] CIN = U85110DL1993PLC052226

Company & Directors' Information:- S. J. MEDICARE PRIVATE LIMITED [Active] CIN = U85110GJ2011PTC065287

Company & Directors' Information:- S B MEDICARE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047778

Company & Directors' Information:- R. S. MEDICARE PRIVATE LIMITED [Active] CIN = U85110PB2008PTC032129

Company & Directors' Information:- G B MEDICARE PRIVATE LIMITED [Strike Off] CIN = U24232PB2011PTC034562

Company & Directors' Information:- S S MEDICARE PRIVATE LIMITED [Active] CIN = U85110DL2002PTC115168

Company & Directors' Information:- I M MEDICARE PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC131201

Company & Directors' Information:- J S MEDICARE PRIVATE LIMITED [Strike Off] CIN = U85110MP2009PTC022054

Company & Directors' Information:- S. A. K. MEDICARE PRIVATE LIMITED [Active] CIN = U24230HR2019PTC081503

Company & Directors' Information:- I. C. MEDICARE PRIVATE LIMITED [Active] CIN = U24232DL2008PTC177588

Company & Directors' Information:- M M MEDICARE PRIVATE LIMITED [Active] CIN = U85110OR2005PTC008481

Company & Directors' Information:- MEDICARE PVT LTD [Strike Off] CIN = U22121AS1982PTC001957

Company & Directors' Information:- P & P MEDICARE PRIVATE LIMITED [Active] CIN = U74999MH2011PTC224186

Company & Directors' Information:- S P G MEDICARE PRIVATE LIMITED [Active] CIN = U24231DL2001PTC113231

Company & Directors' Information:- D. V. MEDICARE PRIVATE LIMITED [Active] CIN = U51909DL2017PTC327336

Company & Directors' Information:- S G MEDICARE PRIVATE LIMITED [Active] CIN = U74999DL2010PTC202423

Company & Directors' Information:- M R MEDICARE PRIVATE LIMITED [Strike Off] CIN = U85120DL2010PTC206224

Company & Directors' Information:- R. C. MEDICARE PRIVATE LIMITED [Strike Off] CIN = U24232GJ2007PTC051001

    First Appeal No. 934 of 2003

    Decided On, 11 January 2010

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, SRI. M.V. VISWANATHAN: JUDICIAL MEMBER & SRI. M.K. ABDULLA SONA: MEMBER

    For the Appearing Parties: M/s. P.S.Usuph, Sri.George William, Advocates.



Judgment Text

SRI.M.V.VISWANATHAN: JUDICIAL MEMBER



The appellants were the complainants and respondents were the opposite parties in OP:444/02 on the file of CDRF, Ernakulam. The aforesaid complaint was filed for getting the mediclaim with respect to policy issued by the 1st opposite party. The 2nd opposite party was the senior associate of the 1st opposite party. The 1st opposite party entered appearance and filed written version. The 1st opposite party took the contention that the documents called for were not produced by the complainant and so the mediclaim could not settled. Before the Forum below the 1st complainant, George Vattoly has been examined as PW1. He categorically admitted in his cross-examination that the 1st opposite party issued letter requesting for production of documents after performance of the operation. It is further deposed that all the documents were produced after completion of the treatment; but PW1 could not specifically mention the documents which he produced before the 1st opposite party. The 1st opposite party in its written version categorically contended that the following 3 documents are necessary for settlement of the claim and that the claim could not be settled because of the failure of the complainants to produce those documents. The 3 documents mentioned in the written version are:-


1. Doctor?s first prescription with detailed case history and commencement of ailment with registration number of doctor.


2. Nursing home bill and receipt in original, all test reports during hospitalization, details of medicine for Rs.19,213.19 during hospitalization.


3. Original discharge certificate.


2. Admittedly the first document namely the first prescription has not been produced by the complainants. Learned counsel for the appellants categorically admitted the fact that the first prescription could not be produced. He has also got a case that the complainants are not having the first prescription called for by the first opposite party.


3. It is to be noted that the first opposite party has got a case that the ailment for which the claim is made was a pre-existing disease and so the complainants are not entitled to get the amount claimed. It is the case of the 1st opposite party that the first prescription and the detailed case history are necessary to settle the claim and also to decide the issue as to whether the ailment was a pre-existing ailment or not. So, it was the duty of the complainants being the insured to produce the documents called for. The Forum has also directed the complainants to produce the documents called for. It is made clear that the complainants have to produce the documents which are mentioned in the written version filed by the 1st opposite party. We do not find anything wrong with the impugned order passed by the Forum below. No prejudice or inconvenience will be caused to the appellants by producing the documents called

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for. So, there is no ground to interfere with the impugned order dated:15th October 2003 passed by CDRF, Ernakulam in OP:444/02. In the result the appeal is dismissed. The impugned order dated:15..10..2003 passed by the Forum below in OP:444/02 is confirmed. The parties are directed to suffer their respective costs.
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