SHASHANK GARG Vs. STATE

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), has been filed on behalf of the Petitioner, Mr. Shashank Garg, to challenge common Judgement and Order dtd. 19/5/2018 vide which the Criminal Revision Petitions bearing Criminal Revision bearing CR No. 8450/2016, CR No. 42/2017 and CR No. 79/2017, filed by the three Respondents separately against the Order of Summoning them under Ss. 342/406/420/120B, were allowed and they were discharged in Complaint Case bearing CC No. 462884/2016. Brief Facts

(2.) Briefly stated, the Petitioner (Complainant), an Advocate by profession, was diagnosed with Cysticercosis and was recommended removal of the affected area in his right hand by the Consulting doctor at Max Super Speciality Hospital, Saket ('Max Hospital' hereinafter). The Petitioner/Complainant was the holder of an Insurance Policy of Max Bupa Health Insurance Company Ltd., a Max India Joint-Venture, which was valid from 28/8/2013 to 28/8/2014. The Policy envisaged cashless settlement of Claims for network Hospitals of which Max Hospital, formed a part. The Petitioner decided to get his surgery performed under the Cashless Scheme, which required pre-authorisation from Insurance Company and the payments were then to be made directly to the Network Hospital on his behalf being the Policy holder.

(3.) Max Hospital gave estimated cost of Surgery as Rs.1,79,368.00 for shared room and Rs.2,20,316.00 in case of single occupancy. The Petitioner applied for pre-authorisation from the Insurance Company, which was received on 5/10/2013 to the extent of Rs.75,000.00 as the partial amount, assuring the balance authorisation to be given on a later date and that the same shall be paid directly to the Hospital.