Generally, bariatric surgery is performed for cosmetic purposes, or to lose weight to prevent an illness that may occur in the future. In such cases, the insurer is not liable to pay a claim for that surgery. However, in a unique twist, Advocate Ami Mandani argued that the maintainability of the claim would have to be considered from the angle of necessity of performing bariatric surgery. In a significant ruling, the South Mumbai District Consumer Forum agreed with the argument and held the insurer liable.
Naresh Makani had purchased a mediclaim policy from New India Assurance. Makani underwent a lap sleeve
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