Madras High Court
The United India Insurance Co. Ltd vs T.Sanjeevi ... 1St on 28 July, 2021
W.A.(MD)Nos.1468 to 1471 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1468 to 1471 of 2021
and
C.M.P(MD).Nos.6005, 6007, 6012 and 6016 of 2021
W.A.(MD).No.1468 of 2021
The United India Insurance Co. Ltd
No.27, Lakshmi Towers
3rd Floor, Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004. ... Appellant/2nd Respondent
Vs.
1. T.Sanjeevi ... 1st Respondent/Writ Petitioner
2. The Secretary to Government,
Family Welfare and Health Department,
Government of Tamil Nadu,
Fort St.George,
Chennai - 600 009.
3. The Director of Pension,
259, Anna Salai, 3rd Block,
2nd Floor, DMS Campus,
Teynampet, Chennai - 600 006.
4. The District Collector,
Thanjavur District,
Thanjavur.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1468 to 1471 of 2021
5. The District Treasury Officer,
Court Road, Thanjavur. ... Respondents 2 to 5/
Respondents 1 to 4
W.A.(MD).No.1469 of 2021
The United India Insurance Co. Ltd
No.27, Lakshmi Towers
3rd Floor, Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004. ... Appellant/2nd Respondent
Vs.
1. M.Perumal ... 1st Respondent/Writ Petitioner
2. State Level Empowerment Committee,
Rep by its Commissioner and Rural Health
Services,
DMS Compound, Chennai - 600 005.
3. The Joint Director,
Medical and Rural Health Services,
Tirunelveli - 637 881.
4. Joint Director,
Tirunelveli District at Tenkasi.
5. The Joint Commissioner (S.T),
C.T.Buildings, Reserve Line Road,
Palayamkottai, Tirunelveli.
6. The District Collector,
Tirunelveli, Tirunelveli District. ... Respondents 2 to 6/
Respondents 1,3,4,5,6
W.A.(MD).No.1470 of 2021
The Divisional Manager,
United India Insurance Co. Ltd
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W.A.(MD)Nos.1468 to 1471 of 2021
Divisional Office, 5th Floor,
P LA Rathna Towers,
No.212, Anna Salai,
Chennai - 600 004. ... Appellant/6th Respondent
Vs.
1. R.Dhanalakshmi ... 1st Respondent/Writ Petitioner
2. The Secretary,
Department of Health,
St.George Fort, Chennai.
3. The Secretary,
Department of Finance,
St.George Fort, Chennai.
4. The District Collector,
Karur District, Karur.
5. The District Treasury Officer,
Karur District, Karur.
6. The Project Officer,
Child Welfare Scheme,
Karur District, Karur. ... Respondents 2 to 6/
Respondents 1 to 5
7. The Manager,
MD India Health Insurance TPA Pvt. Ltd.,
Guna Complex, No.443 and 445,
Anna Salai, Teynampet,
Chennai - 600 018. ... 7th Respondent/
7th Respondent
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W.A.(MD)Nos.1468 to 1471 of 2021
W.A.(MD).No.1471 of 2021
The Divisional Manager,
United India Insurance Co. Ltd
Divisional Office, 5th Floor,
P LA Rathna Towers,
No.212, Anna Salai,
Chennai - 600 004. ... Appellant/2nd Respondent
Vs.
1. T.A.Sarojini ... 1st Respondent/Writ Petitioner
2. The Commissioner of Treasuries
and Accounts,
Integrated Office complex for Finance
Department,
3rd floor, Veterinary Hospitals Campus,
Nandanam, Anna Salai, Chennai - 600 035.
3. The Treasury Officer,
District Treasury Office,
Nagercoil, Kanyakumari District.
4. The Joint Director of Medical and
Rural Health Services,
Kanyakumari District,
Kanyakumari 629 001.
5. The District Collector cum Chairman,
District Empowered Committee,
Tamilnadu New Health Insurance Scheme,
Nagercoil, Kanyakumari District. ... Respondents 2 to 5/
Respondents 1,3,4,5
Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against
the order of this Court made in W.P.(MD) Nos.16344,23377 of
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W.A.(MD)Nos.1468 to 1471 of 2021
2019,13965,17667 of 2020 dated 16.12.2020.
For Appellant : Mr.A.Shajahan (in all W.As)
For Respondents : Mr.A.K.Manikkam,
Standing Counsel for Government
for R2 to R5 (in all W.As)
COMMON JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.A.Shajahan, learned counsel appearing for the
appellant and Mr.A.K.Manikkam, learned Government Counsel appearing for
the official respondents.
2. These appeals have been filed by the United India Insurance
Company Limited, challenging a common order dated 16.12.2020 passed in
W.P.(MD) Nos.16344, 23377 of 2019 and W.P.(MD) Nos.13965,17667 of 2020.
3. The learned counsel appearing for the appellant-Insurance
Company submitted that the learned Writ Court in the impugned order has
directed the entire claim amount, as ordered by the District Level Empowerment
Committee to be paid and wherever the applications were still pending before
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W.A.(MD)Nos.1468 to 1471 of 2021
the District Level Empowerment Committee, a direction was issued to dispose
of the same and in certain other cases, the impugned orders were set side and
the matters were remand back to the District Level Empowerment
Committee/State Level Empowerment Committee, to reconsider its orders and
to pass orders on the following:
"(a) the claimants/petitioners entitlement for reimbursement of
medical expenses under the applicable New Health Insurance Scheme from the
Insurance Company.
(b) the claimants/petitioners entitlement under the Tamil Nadu
Medical Attendance Rules.
(c) fix the time to make payment to the claimants/petitioners under
the clause (a) & (b), above"
4. The learned counsel appearing for the appellant, on instructions,
submitted that the appellant-Insurance Company is ready and willing to
approach the State Level Empowerment Committee, questioning the correctness
of the decision of the District Level Empowerment Committee.
5. Accordingly, these Writ Appeals are disposed of by giving liberty
to the appellant-Insurance Company to approach the State Level Empowerment
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W.A.(MD)Nos.1468 to 1471 of 2021
Committee and agitate all grounds, which they may be advised to raise before it.
No costs. Consequently, connected miscellaneous petitions are closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 28.07.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
1. The Secretary to Government,
Family Welfare and Health Department,
Government of Tamil Nadu,
Fort St.George,
Chennai - 600 009.
2. The Director of Pension,
259, Anna Salai, 3rd Block,
2nd Floor, DMS Campus,
Teynampet, Chennai - 600 006.
3. The District Collector,
Thanjavur District,
Thanjavur.
4. The District Treasury Officer,
Court Road, Thanjavur.
5. State Level Empowerment Committee,
Rep by its Commissioner and Rural Health
Services,
DMS Compound, Chennai - 600 005.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1468 to 1471 of 2021
6. The Joint Director,
Medical and Rural Health Services,
Tirunelveli - 637 881.
7. Joint Director,
Tirunelveli District at Tenkasi.
8. The Joint Commissioner (S.T),
C.T.Buildings, Reserve Line Road,
Palayamkottai, Tirunelveli.
9. The District Collector,
Tirunelveli, Tirunelveli District.
10. The Secretary,
Department of Health,
St.George Fort, Chennai.
11. The Secretary,
Department of Finance,
St.George Fort, Chennai.
12. The District Collector,
Karur District, Karur.
13. The District Treasury Officer,
Karur District, Karur.
14. The Project Officer,
Child Welfare Scheme,
Karur District, Karur.
15. The Commissioner of Treasuries
and Accounts,
Integrated Office complex for Finance
Department,
3rd floor, Veterinary Hospitals Campus,
Nandanam, Anna Salai, Chennai - 600 035.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1468 to 1471 of 2021
16. The Treasury Officer,
District Treasury Office,
Nagercoil, Kanyakumari District.
17. The Joint Director of Medical and
Rural Health Services,
Kanyakumari District,
Kanyakumari 629 001.
18. The District Collector cum Chairman,
District Empowered Committee,
Tamilnadu New Health Insurance Scheme,
Nagercoil, Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1468 to 1471 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)Nos.1468 to 1471 of 2021
28.07.2021
https://www.mhc.tn.gov.in/judis/
