JUDGMENT As per S.K. Kulshrestha, J. (President): - The LIC has filed this appeal against the order dated 25-9-2009 of the District Consumer Disputes Rcdressal Forum, Dhar passed in C.C. No. 27/2008. 2. The admitted facts of the case are that the respondent had purchased a mediclaim policy on 11-1-2002 but thereafter since there was default in payment of instalments it lapsed on 11-1-2006 and was revived on 17-10-2006. During this period, unfortunately the respondent had to undergo by-pass surgery and he made a claim of the expenses, which the appellant denied on the ground of Clause 11 (a) and (b) of the policy. Clause 11 (a) and (b) reads as under: - "11. (a) Benefit (B) of the Policy Schedule is not applicable if any of the contingencies mentioned in Para 11 (b) occurs (i) at any time on or after the date on which the risk under this Policy is commenced but before the expiry of one year reckoned from the date of this Policy or (ii) within one year from the date of revival. 11. (b) Benefit (B) of the Policy Schedule shall be available on the occurrence of any of the following contingencies: - (i) the Life Assured undergoes Open Heart By-Pass Surgery performed on significantly narrowed/occluded coronary arteries to restore adequate blood supply to heart and the surgery must have been proven to be necessary by means of coronary angiography. All other operations (e.g. angioplasty and Thrombolysis by Coronary Artery Catheterization) are specifically excluded. OR (ii) the Life Assured undergoes Renal Dialysis or Renal Transplantation as a result of an end stage Renal Failure presented as chronic irreversible failure of both Kidneys to function. OR (iii) the Life Assured suffers from Cancer (Malignant) (That is the presence of uncontrolled growth and spread of cancer cells which destroy the tissues in which they arise with a potential for invading adjacent structures and capable of spreading to distant organs). This includes Leukemia, Hodgkin's disease and invasive malignant melanoma of skin but excludes Carcinoma in situ, tumors associated with HIV infections, non-invasive localized cancers and all other skin cancers. OR (iv) the Life Assured suffers from Paralytic stroke (that is cerebrovascular accident on incident producing neurological sequels lasting more than 24 hours) resulting into complete and permanent disability of two or more limbs persisting for more than three months from the date of acute episode. OR (iv) the Life Assured suffers from Paralytic stroke (that is cerebrovascular accident on incident producing neurological sequels lasting more than 24 hours) resulting into complete and permanent disability of two or more limbs persisting for more than three months from the date of acute episode. Specifically excluded are Transient Ischaemic Attacks and Strokes like syndromes resulting from:- (1) Head Injury (subdural or extradural haematoma), (2) Cerebral abscess, (3) Pyogenic tuberculosis, meningococcal meningitis." It is luculent that benefit of the Schedule has not been made applicable if any of the contingencies mentioned in Para 11 (b) occurs at any time on or alter the date on which the risk under the policy commenced but before expiry of one year from the date of the policy or within one year from the date of revival. By-Pass Surgery is included in Clause 11 (b) (i). Under these circumstances, at the time when By-Pass Surgery was undertaken by the respondent, the respondent was not entitled to reimbursement of the medical expenses. 3. The order of the District Forum impugned is therefore set aside and this appeal is allowed but with no order as to costs.