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Patna High CourtCWJC/5794/2015disposed

Hariom Kumar v. Oriental Insurance Company Ltd. And ORS

2018-09-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5794 of 2015 =========================================================== Hariom Kumar, son of Late Yogi Singh, resident of Mokama, Shankarwar Tola, Ward No. 16, Mokama, P.S. Mokama, District- Patna .... .... Petitioner/s

Versus

1. Oriental Insurance Company Ltd., Begusarai Branch Kutchery Road, Begusarai

2. The General Manager Oriental Insurance Company Ltd., Regd. Office- Oriental House, A-25/27, Ashraf Ali Road, New Delhi-110002

3. The Maidanta- The Medicity Section 38 P.S. Gurgaon Narayna 11101- .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bijay Kumar Pandey, Advocte Mr. Mukesh Kumar, Advocate For Respondents 1 and 2: Mr. Durgesh Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-09-2018 Heard learned counsel for the petitioner and learned counsel for the respondent-Insurance Company.

2. The present writ petition has been filed for a direction to the respondents to make payment of Medi claim amount to the petitioner under Medi claim Policy No. 331209/48/2012/137 silver plan under happy family floater plan; and for connected reliefs.

3. Learned counsel for the petitioner submits that the petitioner's daughter had undergone treatment at Medanta Medicity in the year 2012 in respect of which an expense of Rs.15,00,000/- had been incurred. However, despite repeated request, the said amount of compensation was not paid to the petitioner.

Patna High Court CWJC No.5794 of 2015 dt.05-09-2018 2/2

4. Learned counsel for the respondent-Insurance Company invites reference to the reply dated 02.12.2014 sent through its counsel in response to the petitioner's legal notice dated 05.11.2014, from which it transpires that the petitioner was advised to take further steps with M/S E-MEDITEK TPA SERVICES LTD., which is the competent authority to deal with the matter. In any event, learned counsel for the Insurance Company has no objection, if the petitioner files a detailed representation with all requisite documents to enable follow up of the matter with M/S E-MEDITEK TPA SERVICES LTD.

5. Having regard to the nature of the grievance of the petitioner and the stand of the respondent-Insurance Company, the writ petition is disposed of, granting liberty to the petitioner to approach the respondent-Insurance Company with an appropriate representation together with requisite documents within a period of four weeks from the date of receipt/production of a copy of this order, for disposal in accordance with law.

(Vikash Jain, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date13-09-2018 Transmission Date N/A