Dismissed

Ashok Kumar v. Director Elementary Edu Ors.

Rajasthan HC6 May 2015CW/19920/2012

Case brief

AI extract

What is this about?

The petitioner, a government teacher, sought reimbursement of medical expenses under a Group Mediclaim Insurance Policy. The High Court dismissed the writ petition, holding the matter was a disputed contractual issue suitable for consumer or civil proceedings.

What did the court decide?

The writ petition was dismissed for availability of alternative remedy with liberty to approach the competent forum.

Ashok Kumar Vs Director Elementary Edu Ors. — Service and Employment | Rajasthan HC (2015)

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S.B. CIVIL WRIT PETITION NO.19920/2012

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(Ashok Kumar Vs. The Director, Elementary Education & Ors.)

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(1)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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O R D E R

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S.B. CIVIL WRIT PETITION NO.19920/2012 (Ashok Kumar Vs. The Director, Elementary Education & Ors.)

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Date of Order :

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06.05.2015

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HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Amit Singh Shekhawat, for the petitioner. Mr. Manvendra Singh on behalf of Mr. S.K. Yadav, for the respondents.

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BY THE COURT

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The petitioner, a teacher in the Grade-III with the Education Department, Government of Rajasthan, seeks reimbursement of medical expenditure incurred on a kidney ailment resulting in kidney replacement in a hospital in Ahmedabad, Gujarat. Reimbursement is sought in terms of the Group Mediclaim Insurance Policy for the period 01.04.2011 to 31.03.2012 issued by the State Insurance and Provident Fund Department of Government of Rajasthan.

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The issue of the right of the petitioner to claim in terms of the conditions of the aforesaid policy and the quantum of reimbursement he claims entitled for are inherently disputed questions of fact arising from a contract of insurance more appropriately determinable in proceedings under the Consumer Protection Act, 1986 or a regular suit as may be warranted in law.

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S.B. CIVIL WRIT PETITION NO.19920/2012 (Ashok Kumar Vs. The Director, Elementary Education & Ors.)

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(2)

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In this view of the matter, I am not inclined to entertain this petition.

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The writ petition is accordingly dismissed for availability of alternative remedy, with liberty to the petitioner to approach the competent forum/court for the vindication of his perceived rights under the Group Mediclaim Insurance Policy in issue.

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It is made clear that the time expended by the petitioner in pursuing this petition seeking reimbursement of medical expenditure incurred in replacement of kidney under the aforesaid Group Mediclaim Insurance Policy i.e. from 26.11.2012 till 09.05.2015 shall be excluded while computing limitation for the petitioner's claim.

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(ALOK SHARMA), J

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MS/-165

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.

Ashok Kumar v. Director Elementary Edu Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. Director Elementary Edu Ors.

Case brief

What is this about?

What did the court decide?

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