Dismissed

D. Noble Jeba Nesar, v. the Senior Divisional Manager

Madras HC21 Jul 2022WP(MD)/13161/2011

Case brief

AI extract

What is this about?

This judgment records the disposal of a writ petition challenging a medical insurance claim rejection. The court noted that the parties had reached a compromise, with the insurance company paying Rs. 35,000 as full and final settlement. Consequently, no adjudication was necessary, and the petition was closed without costs.

What did the court decide?

Writ petition and connected Miscellaneous Petition closed; no costs awarded.

D. Noble Jeba Nesar, Vs the Senior Divisional Manager — Insurance | Madras HC (2022)

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W.P(MD)No.13161 of 2011

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.07.2022

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.13161 of 2011 and

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M.P(MD)No.1 of 2011

D.Noble Jeba Nesar

... Petitioner

Vs.

1.The Senior Divisional Manager, Life Insurance Corporation of India, Thirunelveli Division, Thirunelveli.

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2.The Branch Manager, Life Insurance Corporation of India, Kuzhithurai Branch, 'Raj Prakash', North Street, Marthandam, Kanyakumari District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent pertaining to the impugned order in Ref:LIC/HI/GA, dated 21-03-2011 and quash the same and consequently directing the first respondent to grant the Hospital Expenses as calimed by the Petitioner on 25-02-2011.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13161 of 2011

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For Petitioner	: Mr.K.Kannan
	for Mr.S.Jayakumar
For Respondents	: Mr.S.Anwar Sameem
	for Mr.T.Antony Arulraj

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ORDER

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The present writ petition has been filed challenging an order passed by the first respondent herein, under which the claim of the petitioner for medical insurance was rejected on the ground that pre-existing illness irrespective of prior medical treatment was not disclosed at the time of taking the policy.

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According to the learned counsel for the petitioner, the petitioner has underwent a major surgery on 10.02.2011 and he had paid a sum of Rs.41,480/-(Rupees Forty one Thousand Four Hundred and Eighty only) towards the said treatment. However, the respondent insurance company has rejected the mediclaim policy on the ground that the multiple fibroids were diagnosed much earlier to the taking of the insurance policy, but the same has been supressed while applying for the policy.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13161 of 2011

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Pending writ petition, the insurance company has settled the matter and paid a sum of Rs.35,000/-(Rupees Thirty Five Thousand only) by way of a Demand Draft to the writ petitioner. The said Demand Draft has also been acknowledged by the learned counsel for the petitioner. On instructions, the learned counsel for the petitioner submits that the said amount Rs.35,000/-(Rupees Thirty Five Thousand only) is accepted as full and final settlement of the claim made by the writ petitioner. A letter has also been addressed by the writ petitioner to the first respondent herein accepting the said amount as full and final settlement. The said letter has been filed along with Joint Memo of Compromise signed by the learned counsel for the petitioner as well as by the learned counsel

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for the respondents. The Joint Memo of Compromise and the letter addressed by the writ petitioner to the first respondent herein are taken on file.

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In view of the compromise arrived at by the parties and the receipt of Rs.35,000/-(Rupees Thirty Five Thousand only) as full and final settlement by the writ petitioner, nothing survives to be adjudicated

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13161 of 2011

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in the present writ petition. Accordingly, this Writ Petition is closed. No

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costs. Consequently, connected Miscellaneous Petition is closed.

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21.07.2022

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gbg Index : Yes / No Internet : Yes / No

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1.The Senior Divisional Manager, Life Insurance Corporation of India, Thirunelveli Division, Thirunelveli.

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2.The Branch Manager, Life Insurance Corporation of India, Kuzhithurai Branch, 'Raj Prakash', North Street, Marthandam, Kanyakumari District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.13161 of 2011

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R.VIJAYAKUMAR ,J.

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gbg

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Order made in W.P(MD)No.13161 of 2011

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Dated: 21.07.2022

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https://www.mhc.tn.gov.in/judis

D. Noble Jeba Nesar, v. the Senior Divisional Manager

Case brief

What is this about?

What did the court decide?

D. Noble Jeba Nesar, v. the Senior Divisional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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