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Maharashtra State Consumer Disputes,
Redressal Commission pronounced judgement on 31 January 2013 in the matter of
United India Insurance Company vs KP Desai & held that Laser surgery is not cosmetic in nature .Can any body provide me the copy of the judgement .

Dear Moroliya,

I am unable to lay my hands on a copy of the judgement in the case mentioned. The following is a jist of this considerably important case.

Primarily, it held that Laser surgery is not cosmetic in nature.

The case:

KP Desai took a health insurance policy from the United India Insurance Company in 1990, which he renewed every year. In 1997, he underwent corrective lasik, or laser eye surgery, for one eye and the hospital bill came to Rs 50,000. However, his claim for reimbursement was rejected by the insurer, which said that the surgery was purely cosmetic and, hence, not covered by the policy. Desai filed a complaint with the south Mumbai District Consumer Disputes Redressal forum in 1997. It ruled in his favour on 19 April 2004. The insurance company then filed an appeal with the Maharashtra State Consumer Disputes Redressal Commission, which upheld the earlier ruling.

How it impacts you:

Earlier, health insurers clearly stated that laser eye surgery was cosmetic and excluded it from the policy. However, the ruling questions the assumption of the surgery being cosmetic. As a person opts for it only to correct his vision, it cannot be said that the surgery is only to enhance his appearance. In future, insurers may refrain from listing lasik under its set of exclusions, though they may charge a higher premium from customers with defective vision.

Courtsey: Three new judgements that impact insurance - Economic Times

I shall endeavour to find the judgement and post the same here soon as I am able to.



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