An advocate filed a PIL seeking a direction for mandatory medical check-ups before issuance of insurance policies. The High Court of Delhi held that policy drafting is the function of the respondents and insurance issuance is a private contract. The petition was dismissed for lack of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ARPIT BHARGAVA ..... Petitioner Through: Petitioner in person with Ms.Hina Bhargava, Mr.Varun Talwar, Advs.
Versus
UNION OF INDIA AND ANR. ..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Mr.Prateek Dhanda, Advs. for R-1. Mr.A.K.Nag, Adv. for R-2.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
: D. N. Patel, Chief Justice (Oral)
following prayers:-
“A. Issue a writ of mandamus or any other appropriate writ thereby directing the Respondent No.l and 2 not to violate the most basic fundamental right of citizens being 'Right to Life' as enshrined under Article 21 of Constitution of India since 'healthy nation is a wealthy nation'.
B. Issue a writ of mandamus or any other appropriate writ thereby directing the Respondent No.l and/or 2 to determine and place on record the number of consumer and such other cases pending in different consumer forums etc. in Delhi against all insurance companies relating to life/ health/general insurance policies being issued without medical examination/health check up of insured persons and determine
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W.P.(C) No.2140/2018
the number of cases in which insurance companies etc. have repudiated claims on account of pre-existing diseases and alleged suppression of material facts relating to health,
C. Issue a writ of mandamus or any other appropriate writ thereby directing the Respondent No.l and/or 2 to frame regulations/policies/guidelines etc. in a time bound manner making it mandatory for life/health/general insurance companies to carry out medical examination/health check up of each and every person intending to take policies relating to health and/or life before the insurance policies are issued (without any discrimination),
D. Issue a writ of mandamus or any other appropriate writ thereby directing the Respondent No.l and/or 2 to implement the said regulations/policies/guidelines etc. in a time bound manner,
E. Issue a writ of mandamus or any other appropriate writ thereby directing the Respondent No.l and/or 2 to fix accountability of officers of Respondent No.l and/or no.2 incase the aforesaid regulations/policies/guidelines etc are not framed and implemented in a time bound manner,
F. Appoint an expert committee/ court monitored committee to ensure the aforesaid is done in a time bound manner,”
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function of the respondents and we cannot even replace it with a better policy. Moreover, issuance of insurance policy is a contract between a private person and the insurance company. The terms and conditions of the agreement can neither be altered by this Court nor we can add any term in the contract like medical check up prior to the health/life insurance policy.
W.P.(C) No.2140/2018
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check up of the persons before the insurance policy is given to them.
CHIEF JUSTICE
C.HARI SHANKAR, J
AUGUST 07, 2019 ‘anb’
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3 issues framed by the court
Whether the Court can direct Union of India and others to frame regulations mandating medical check-ups for insurance policies.
Whether the Court can alter the terms of the insurance contract by adding a compulsory medical check-up condition.
Whether the petitioner's contention regarding rejection of claims based on pre-existing diseases warrants a blanket regulatory order.
1 provisions across 1 enactments
Arpit Bhargava
Union of India
Anr
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
