MANIVASAGAM Vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS writ appeal has been filed as against the order dated 01.08.2011 passed in W.P(MD)No.5254 of 2008, wherein the petitioner has sought for a Writ of Certiorarified Mandamus to quash the impugned order passed by the second respondent in his proceedings dated 25.04.2008 and consequently, direct the respondents to pay a sum of Rs.1,41,406/ - (Rupees One Lakh Forty One Thousand Four Hundred and Six only) as per the Medi Claim Policy.

(2.) THE case of the appellant/writ petitioner is that he was insured under the scheme of Medical Claim Policy in the year 2001 and the same was renewed regularly. It was in force from 01.12.2008 to 30.01.2009. He felt chest pain on 03.08.2007 and on advise from his family Doctor, he underwent a test of Coronary Angiogram and thereafter, he was advised to undergo a bye -pass surgery.

(3.) AFTER the surgery, he filed the claim with the respondent Insurance Company. On denial of the same, he filed W.P(MD)No.8331 of 2007, wherein the petitioner was directed to submit his claim by supporting documents to the Insurance Company which shall be considered in terms of the Medical Claim Policy taken out by the appellant/writ petitioner. Accordingly, the appellant/writ petitioner filed the claim. By the impugned order, the claim of the appellant/writ petitioner came to be rejected. Challenging the same, the appellant/writ petitioner filed the present writ petition.