Neela R v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12210 of 2022 R.Neela ... Petitioner /vs./ 1.The State of Tamil Nadu, Rep. by its Secretary to Government of Tamil Nadu, Finance and Pension Department, Chennai 2.The Commissioner, Treasury and Accounts, 3rd Floor Combined Office Campus, Nandhanam Road, Chennai - 600 035 3.The District Treasury Officer, Finance and Accounts, District Collector Office Campus, Madurai.
4.The District Collector, District Collector Office, Madurai 5.The Manager, United India Insurance, No.7, A, West Veli Street, Tvs Building, 2nd Floor, Opposite to Railway Junction, Madurai.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 3 and 5 to consider the petitioner's representation dated 06.06.2022 and sanction a sum of Rs.1,72,826/- being the reimbursement of cost of emergency medical treatment taken by the petitioner within a time to be stipulated by this Court. For Petitioner : Mr.M.Karthick For Respondents : Mr.R.Ragavendran Government Advocate (for R1 to R4) Mr.C.Karthik (For R5)
ORDER
The petitioner's claim for medical reimbursement was considered by the District Level Empowered Committee (DLEC) and accordingly, it was favourably recommended, through order, dated 26.04.2022. When the DLEC recommends any amount to be reimbursed towards medial expenses, the Insurance Company is duty-bound to disburse the same favourably. If the Insurance Company is aggrieved against the order of the DLEC, they are entitled to file an appeal within a period of one month from the date, on which the recommendation of DLEC has been made.
2/5
2.In the instant case, the Insurance Company has not filed any appeal against the recommendation of DLEC. As such, the petitioner's claim requires to be disbursed, in accordance with the recommendation of the DLEC, dated 26.04.2022. In this regard, the petitioner has already made a representation on 06.06.2022, seeking for disbursement of the medi-claim in accordance with the DLEC's recommendation.
3.In this background, the petitioner is granted liberty to give a fresh representation to the fifth respondent herein, including a copy of the recommendation of DLEC, dated 26.04.2022 and on receipt of the same, the Insurance Company, the fifth respondent herein shall forthwith reimburse the entire amount of medi-claim, in accordance with the recommendation of the DLEC, dated 26.04.2022, within a period of four (4) weeks from the date of receipt of representation. This Writ Petition stands allowed accordingly. There shall be no order as to costs.
29.08.2022 Index : Yes / No Internet : Yes / No sm 3/5
TO:
1.The State of Tamil Nadu, Rep. by its Secretary to Government of Tamil Nadu, Finance and Pension Department, Chennai 2.The Commissioner, Treasury and Accounts, 3rd Floor Combined Office Campus, Nandhanam Road, Chennai - 600 035 3.The District Treasury Officer, Finance and Accounts, District Collector Office Campus, Madurai.
4.The District Collector, District Collector Office, Madurai 5.The Manager, United India Insurance, No.7, A, West Veli Street, Tvs Building, 2nd Floor, Opposite to Railway Junction, Madurai.
4/5
M.S.RAMESH, J.
Sm Order made in W.P.(MD)No.12210 of 2022 Dated:
29.08.2022 5/5