Jothimani. Cn v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07/06/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA Jothimani. CN ... Petitioner Vs
1. The District Collector, Virudhunagar District, Virudhunagar-626 002.
2. The District Treasury Officer, Virudhunagar District, Virudhunagar-626 002.
3. The Authorized Officer, Md India Health Insurance (Tpa) Pvt Ltd.
New Door No.443 and 445, Old Door No.304 and 305, Guna Complex, Anna Salai, Teynampet, Chennai-600 01.
4. The District Co-Ordinator, Md India Health (Tpa) Pvt. Ltd., 140-H2, Railway Feeder Road, Near Income Tax Office Complex, Virudhunagar - 626 001.
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5. The Divisional Officer, United India Insurance Co. Ltd., Divisional Office Vi, 5th Floor, Pla Rathna Towers, Near Thousand Lights Metro Station, 212, Anna Salai, Chennai.
... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the communication dated 06.11.2023 in Ref. No.010600/MP-18/4/2023 on the file of the United Insurance Company Ltd., the 5th Respondent herein and quash the same and consequently direct the respondents to pay the petitioner a sum of Rs. 2,43,468/- together with interest 12 Percentage per annum as per G.O.Ms.No.204, Finance (HI) Department, dated 30.06.2022. For Petitioner : Mr.AV Arun For Respondents : Mr.M.Ramesh for R1 and R2 Government Advocate Mr.I.Sudhakaran for R5 No appearance for R3 and R4 2/6
ORDER
This writ petition has been filed challenging the communication of the 5th respondent dated 06.11.2023 and consequently to direct the respondents to pay the petitioner a sum of Rs.2,43,468/- together with interest at 12% per annum as per G.O.Ms.No.204, Finance (HI) Department, dated 30.06.2022.
2. Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 and 2 and the learned counsel for the 5th respondent.
3. The petitioner is a beneficiary under NHIS. He has undergone a surgery for his heart ailment and incurred a sum of Rs.4,00,968/- and thus, claimed medical reimbursement by making necessary application to the respondents. His case has been considered and a part amount of Rs. 1,57,500/- alone was reimbursed and hence, he is aggrieved due to the limit of the medical reimbursement claim made by the petitioner out of the total claim of Rs.4,00,968/-. Therefore, he is before this Court with this writ petition.
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4. Through the impugned order, the 5th respondent has informed the petitioner that the petitioner has already reached the limit and hence his case could not be considered for the remaining amount.
5. If the petitioner is aggrieved due to the above observation, he is at liberty to make an appeal before the District Level Empowering Committee as per the NHIS scheme. At this juncture, the learned counsel for the petitioner submitted that the petitioner has already filed an appeal before the District Level Empowering Committee on 01.06.2023 along with necessary medical bills. In such case, the District Level Empowering committee shall consider the same and pass necessary orders on the same within a period of four weeks from the date of receipt of a copy of this order.
6. The writ petition is disposed of with the above direction. No costs.
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TO
1. The District Collector, Virudhunagar District, Virudhunagar-626 002.
2. The District Treasury Officer, Virudhunagar District, Virudhunagar-626 002.
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R.N.MANJULA,J RR
ORDER
IN WP(MD) No.3676 of 2024 Date : 07/06/2024 6/6