LAWS(BOM)-2023-3-5

RITA KIRIT JOSHI Vs. NEW INDIA ASSURANCE COMPANY

Decided On March 01, 2023
Rita Kirit Joshi Appellant
V/S
NEW INDIA ASSURANCE COMPANY Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the Writ Petition finally on merits with the consent of the Learned counsel appearing for the Petitioner and the Respondent Nos. 1 and 3. Though served, Respondent No. 2 is absent.

(2.) The present petition under Article 226 of the Constitution of India seeks a declaration that under Clause No. 3.11 of a particular insurance policy, the Petitioner is entitled to a recovery of all the expenses she incurred for the treatment of her new-born twin babies. She seeks a mandamus to the Respondent No. 1 insurance company to disburse the amounts of her claim. The prayers in the amended writ petition read thus:

(3.) FACTUAL MATRIX