LAWS(CAL)-2023-12-8

VIVEK SHARMA Vs. UNITED INDIA INSURANCE COMPANY LIMITED

Decided On December 11, 2023
VIVEK SHARMA Appellant
V/S
UNITED INDIA INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) By filing the instant writ petition under article 226 of the Constitution of India the writ petitioner has prayed for a direction upon the respondent/insurance company to cancel and/ or rescind and/or revoke its letter dtd. 13/7/2015 whereby and whereunder the respondent/insurance company has repudiated the claim of the writ petitioner towards cost incurred by the writ petitioner for his 'Laparoscopic Mini Gastric Bypass done under GA'.

(2.) From the materials as placed before this Court the following facts are undisputed namely:-

(3.) In support of the instant writ petition Mr. Deb, learned advocate for the writ petitioner at the very outset draws attention of this Court to the photocopy of the aforementioned policy which commenced on 20/8/2014 and the validity of which expired on 19/8/2015. Attention of this Court is also drawn to several clauses of the said policy including its exclusion clauses. It is contended by Mr. Deb that considering the fact that the said mediclaim policy commenced on 2006 till 19/8/2015 by way of time to time renewal on payment of yearly premium the respondent/insurance company is not supposed to repudiate the genuine claim of the writ petitioner.