Dear Parag,
PLEASE NOTE THE FOLLOWING POINTS

Tobacco chewing is not the only cause of cancer. Squamous cell Ca of tongue has been seen even in patients who never used any form of tobacco. What medical reasearch says is that there is association between any form of cancer and the use of tobacco so much so that a cause and effect relationship can be attributed to the use of tobacco and cancer.

In the light of this background I want induce you into thinking in these lines.

If tobacco did cause Ca tongue, why there are so many people dead or alive who never had Ca tongue after the use of tobacco?
Whether tobacco is the only cause for Ca tongue? Why Ca tongue is seen in people with no history of use of tobacco?
IN other words the other causes of Ca tongue such as a 'Sharp tooth', Bad oral hygiene, heriditary factors and food items which can cause a cancer so much so the cause of cancer has not been fully established as yet. There are only some associations that's all.

Coming to the law point,
The policy period is 24/12/2009 to 23/12/2010. The date of operation is between 1/9/2010 and 6/9/2010. Now what is the contention of the Insurance Company, whether it says that there was no cancer at the time of issuing the policy on 24/12/2009 and it appeared only after that date? I mean to say that cancer could have been in the intial stage even at the time of issuing the policy which no one can ascertain now by any stretch of imagination. What does the insurance company say about the smoking habit of its insured at the time of issuing the policy? Did it gave the policy to a person who is predisposed to cancer? Even in such situation the onus of proving the clause " use of tobacco has lead to this cancer in this particular person" squarely lies with th company which is highly impossible for them.

Therfore I am of the opinion that if you catch hold of a reasonably good lawyer, and present your case properly your district consumer court should be able to entertain your complaint and deliver favourably to you. There is a good possiblity that soon after you send a legal notice, they will arrange to pay your claim.

All the best.

Dr. Raviprakash 09448120373