Iffatun Nisha, v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9401 of 2021 ====================================================== Iffatun Nisha, Wife of Asif Ali Khan, resident at 101 Shahid Place, P.S.-B.V. College, District-Patna, Bihar-800014.

... ... Petitioner

Versus

1.

The Union of India through Chairman Insurance Regulatory and Development Authority of India.

2.

The Director, Star Health and Allied Insurance Company Limited No. 1, New Tank Street, Valluvarkottam High Road, Nugambakkam, Chennai, Tamil Nadu 600034.

3.

The Branch Head, Star Health and Allied Insurance Company Limite, 302, 3rd Floor, IG Complex, West Boring Canal Road, Opposite Pahalwan Market, Patna 800013.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. S.N. Pathak, Advocate Mr.Ashish For the Respondent/s :

Mr.Dr.K.N.Singh (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 04-03-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

The petitioner claims to be a policy holder of Family Health Optima Insurance Plan of Star Health and Allied Insurance Company Limited, bearing Customer I.D. No. 109385092. She has approached this Court in writ jurisdiction seeking direction to the respondents to disburse the health insurance amount to her, which she is entitled to as she is undergoing treatment for cancer in a hospital.

Patna High Court CWJC No.9401 of 2021(3) dt.04-03-2022 2/2 The said Insurance Company is, admittedly, a private company. There is no statement made in the writ application that the petitioner has approached the Insurance Regulatory and Development Authority of India raising any grievance. In our considered view, the nature of relief, which the petitioner is seeking against the Insurance Company, does not require to be gone into in writ jurisdiction in the facts and circumstances of the present case. The petitioner shall be at liberty to approach appropriate forum for redressal of her grievance.

At this juncture, the Court observes that if the petitioner approaches any appropriate forum for redressal of her grievance, it is expected that the concerned forum shall consider her case as expeditiously as possible considering the nature of the petitioner's ailment as asserted in the pleadings. This writ application stands disposed of accordingly. (Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) Pawan/- U