R.Jayachitra v. The United India Insurance Company

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI R.Jayachitra ... Petitioner Vs.

1.The United India Insurance Company, Divisional office, Catholic Center, Armenian Street, Chennai.

2.The Administrator, Vidal Health Insurance third Party Administrator, No.88, Anmol Palani Building, 2nd Floor, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to proper verification of the bills with the concerned organizations as mentioned in the petitioner representation dated 18.01.2022 and pass orders for the reimbursement of the amount under the Policy No.0105002021484100000171605 with interest and compensation to the petitioner herein with the respondents herein. For Petitioner : Mr.M.Selvam For Respondents : Mr.T.Shanmugam [R1] 1/4

ORDER

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the respondents to proper verification of the bills with the concerned organizations as mentioned in the petitioner representation dated 18.01.2022 and pass orders for the reimbursement of the amount under the Policy No.0105002021484100000171605 with interest and compensation to the petitioner herein with the respondents herein.

2.The case of the petitioner is that the petitioner is the wife of one Murugesan, who is working in Tamil Nadu Electricity Board and he obtained a health insurance policy. During the pandemic period, they were affected by Covid-19 and they have spent money for the treatment. Thereafter, they made a claim for reimbursement of the expenses incurred before the first respondent on 10.08.2021. However, there is no response from the first respondent. Therefore, the petitioner had approached the third party administrator under the second respondent herein, who in turn, returned the proposal. Again, the claim was 2/4

resubmitted with all necessary documents to the second respondent on 18.01.2022. However, till date no order was passed. Hence, the present writ petition is filed before this Court seeking for appropriate directions. 3.Mr.M.Selvam, the learned counsel for the petitioner would submit that, this Court may issue direction to the second respondent to consider the petitioner's representation dated 18.01.2022 and reminder dated 09.05.2022 and pass appropriate orders, within a time frame that may be fixed by this Court.

4.The learned Counsel appearing for the respondent has no objection for said order being passed.

5.In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 18.01.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 3/4

M.DHANDAPANI, J.

sp 6.With the above direction, the Writ Petition is disposed of. No costs.

10.03.2023 Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No sp 4/4