Sankaralingam C v. The Principal Secretary To Government (Expenditures)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Sankaralingam ... Petitioner Vs.

1.The Principal Secretary to Government (Expenditure) Finance (Salaries) Department, Secretariat, Chennai-600 009.

2.The United India Insurance Co., Ltd., Divisional Office VI, 5th Floor, P.L.A.Rathna Towers, No.212, Annasalai, Chennai-600 006.

3.The District Level Empowered Committee, Rep. by the District Collector, Madurai District, Madurai.

4.The Joint Director, Medical and Rural Health Services, Madurai @ Usilampatti, Madurai District.

5.The President, A.2560, Kochadai Primary Agricultural Co-operative Credit Society Ltd., Kochadai, Madurai-16.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent Insurance Company to sanction medical reimbursement to the tune of Rs.5,59,413.59/- to the petitioner ensuring speedy settlement within a time stipulated by this Court.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.T.Villavankothai Additional Government Pleader for R1, R3 & R4 : Mr.C.Karthick for R2

ORDER

Heard the learned counsel on either side.

2. The petitioner is working as Secretary of the 5th respondent society. He claims that he is a member of the Tamil Nadu New Health Insurance Scheme for Co-operative Societies. His wife was admitted for cancer treatment. She also underwent surgery. The petitioner had incurred a sum of Rs.5,59,413.59/- towards her treatment. He wants the second respondent to reimburse the same.

3. The learned standing counsel for the second respondent submits that he is not having instructions in the matter. 2/4

4. I therefore consciously refrain from passing any positive direction. However, the claim of the petitioner has to be considered as per the insurance policy. The petitioner states that on 19.01.2023, he submitted claim before the second respondent along with the relevant records.

5. The second respondent is directed to process the petitioner's claim and pay the eligible amount to the petitioner herein through the fifth respondent. Merely because I had given this direction, my order shall not be understood to mean that I have made any pronouncement on the petitioner's entitlement. All that I am directing is that the second respondent should dispose of the petitioner's claim on merits and in accordance with law as per the insurance policy terms and conditions within a period of ten weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of. No costs. 20.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The Principal Secretary to Government (Expenditure) Finance (Salaries) Department, Secretariat, Chennai-600 009.

2.The District Level Empowered Committee, Rep. by the District Collector, Madurai District, Madurai.

3.The Joint Director, Medical and Rural Health Services, Madurai @ Usilampatti, Madurai District.

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