Petitioner took mediclaim policy beginning from 08.4.2004 to 7.4.2004.  It was got renewed from time to time.  The last renewal was on 05.4.2007 covering the period from 08.4.2007 to 7.4.2008 for a period of one year.  In the last week of October 2006, petitioner felt some physical problem and on 29.10.2006 he visited Dr. A. K. Mohapatra and remained under his treatment.  On 16.11.2006, said Doctor advised him for coronary angiogram which was done on 26.12.2006.  On 5.1.2007, he was in B. M. Birla Heart Research

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Centre where disease was diagnosed as Double Vessel Cad and Stent PTCA was done.  He was discharged from B. M. Birla Heart Research Centre on 08.1.2007.  In the discharge summary, it was written ‘Discomfort in chest at rest after taking food with no radiation and relieved by rest within few second for 13 years’.  The claim was lodged which was repudiated by the respondent relying upon Clause 4.1 of the policy which provided that the company shall be liable to make any payment under the policy in respect of any expenses, whatsoever, incurred in connection with or in respect of injuries     which are pre-existing from the taking of the insurance cover for the first time.  Later on, the petitioner produced another Certificate stating that the word ‘13’ had been written by mistake and the same should have been 3 years and requested the respondent to reconsider the case which was declined by the respondent.  Aggrieved by this, petitioner filed a complaint before the District Forum.

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          District Forum allowed the complaint, aggrieved against which the respondent filed the appeal before the State Commission.  The State Commission set aside the order of the District Forum and dismissed the complaint holding that the petitioner was not entitled to any compensation in view of the Exclusion Clause 4.1; that the petitioner had failed to disclose the fact of pre existing disease in the proposal form.

            We agree with the view taken by the State Commission.  The petitioner was already suffering from the disease which he had failed to disclose at the time of taking of the policy for the first time.  Dismissed.  No costs.