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1 - 3 of 3 (0.20 seconds)The Oriental Insurance Co Ltd vs Suneet Kumar Gupta And Ors on 30 September, 2016
Similarly, National Commission has held in "United India Insurance Co. Ltd versus Sunil Gupta and another" reported in 2015(2) CLT 318 that bariatric surgery for morbid obesity was not aimed at improving the physical appearance of the complainant or to enhance the beauty. It was aimed at ensuring that he did not develop complications which might later prove to be life threatening. The treatment taken by the complainant cannot be faulted and the order of the insurance company to repudiate the claim on this point was held to be an error by National Commission holding that it is not covered under the exclusion clause.
United India Insurance Company vs Amita Chaudhary & Ors on 29 March, 2012
I find that she was diagnosed to be a case of Morbid Obesity in Fortis Hospital. Even otherwise, obesity is fatal for a person particularly suffering from knee problem and chest problem and so on. Morbid obesity could lead to many diseases, which could further prove to be fatal to the affected person. Since it is recorded in Forts Hospital record that she was a case of Morbid Obesity and as such, this exclusion clause 20(5) of the policy is not attracted in this case. The National Commission has also held in "New India Assurance Company Ltd and another versus Anita Chaudhary and another" reported in 2016(4) CPJ 378 that Morbid Obesity is a serious disease that might be associated with severe complications which might be life threatening. The patient had history of obesity and gained weight for 15 years and attained maximum weight of 224 kg. Discharge summary reveals that diagnosis of insured was 'super obese' and he was hypertensive. National Commission awarded compensation for the same to the consumer.
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