P. Yamuna v. The Oriental Insurance Company

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 27046 of 2019 P. Yamuna ... Petitioner Vs.

1. The Oriental Insurance Company Ltd., (Government of India Undertaking), Branch Office: at No.164, Chittoor Road, Opp. To Dr. Gengusamy Naidu Metric School, Tiruttani, Tiruvallur District - 631 209.

2. M/s. Raksha Health Insurance Company TPA Private Limited, 15/5, Mathura Road, Faridabad, Faridabad - 121 003.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation dated 14.08.2019 followed by E-Mail dated 03.05.2018 and another E-Mail dated 24.05.2018.

For Petitioner :

Mr. Udhaya Kumar For Respondents :

Mr. M.B. Raghavan (For R1) for M/s. M.B. Gopalan Associates R2- Service Awaited

ORDER

Heard Mr. Udhaya Kumar, Learned Counsel appearing for the Petitioner and Mr. M.B. Raghavan, Learned Counsel appearing for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for a direction to the First Respondent to consider the representation dated 14.08.2019 followed by e-mails dated 03.05.2018 and 24.05.2018 made by the Petitioner.

3.

Learned Counsel appearing for the First Respondent has filed a memo dated 31.10.2019, stating as follows:- "1.

In compliance with the order of this Court dated 13.09.2019 as extended by order dated 21.10.2019, the First Respondent has sent reply dated 30.09.2019 to the Petitioner's representation to reconsider the amount paid towards the claim for medical expenses under Happy Family Floater Policy No.

414691/48/2018/49.

2.

On review of the claim, the First Respondent has directed the Second Respondent Third Party Administrator to pay a further sum of Rs. 28,022/- towards the claim".

4.

A copy of the letter dated 30.09.2019, sent by the First Respondent to the husband of the Petitioner has also been produced. Learned Counsel for the Petitioner acknowledges its receipt. Nothing survives for further consideration in the matter.

5.

Recording the aforesaid subsequent events, the Writ Petition is disposed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Oriental Insurance Company Ltd., (Government of India Undertaking), Branch Office: at No.164, Chittoor Road, Opp. To Dr. Gengusamy Naidu Metric School, Tiruttani, Tiruvallur District - 631 209.

+1 cc to M/s.S.Udayakumar,Advocate Sr.No. 90126 +1 cc to M/s.M.B.Gopalan, Advocate Sr.No.91278 AKM/14.11.19/2P-4C / W.P. No. 27046 of 2019