LAWS(PAT)-2019-12-52

SHIVA SHANKER SHARMA Vs. NATIONAL INSURANCE COMPANY LTD.

Decided On December 09, 2019
Shiva Shanker Sharma Appellant
V/S
NATIONAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) Heard Mr. P.N. Sahi, learned Senior Advocate for the petitioner and Mr. Ashok Priyadarshi for the Insurance Company (Respondent No.3). The counsel for the third party Administrator, namely, respondent nos.4, 5 and 6, viz., Mr. Sanjay Verma has also rendered his assistance in this matter.

(2.) The petitioner has come to this Court for a direction to annul Clauses 2.1,2.2 and 2.3 of the Medi claim Insurance proposal which prescribe that the insured shall only get 50% of the claim amount in case of hospitalization in a nonnetwork hospital and shall be reimbursed fully only if treatment is obtained in a network hospital.

(3.) Apart from this, the other prayer is that at the time of entering into the contract for such Mediclaim, the aforesaid clauses were not made availableknown to the petitioner.