Branch Manager, Star Health And ... vs Dy. Secretary, Office Of The ...
2021 Latest Caselaw 5424 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6021 of 2020
     ======================================================

Branch Manager, Star Health and Allied Health Insurance Company Ltd. Grand Plaza, Dak Bunglow Chauraha, P.S.- Kotwali, District- Patna, through its authorized signatory namely Mr. Sanjay Kumar, Territory Manager of the Company, Male, Aged about 43 years.

... ... Petitioner/s Versus

1. Dy. Secretary, Office of the Insurance Ombudsman Kalpana Arcade, 1st Floor, Bazar Samity Road, Bahadurpur, P.S.- Bahadurpur, District- Patna- 800016.

2. Onkar Nath Singh S/o Sitaram Rai M- 3/3, Road No.-11, Rajendra Nagar, Patna- 800016.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :        Mr. Ashok Kumar, Advocate
     For the Respondent/s   :        Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 23-11-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

1. "For issuance of appropriate writ/writs order/or direction/directions to the respondent's authority for setting aside the Award dated 7-1-2020 bearing Award no. IO/PAT/A/HI/0026/2019-2020 passed in Complaint no PAT-H-044-1920-0073 passed by the learned Insurance Ombudsman, Patna by which the (Respondent, Insurer) Petitioner has been directed to pay the Claim amounting to Rs. 15,612/- whereas as per Policy Condition Rs. 18,000/- has already been paid to the private respondent against the expenditure incurred by them by way of hospitalization under Senior Citizen Patna High Court CWJC No.6021 of 2020 dt.23-11-2021

Red Carpet Insurance Policy.

(II) To Set aside the impugned award dated 7-1-2020 passed by the learned Ombudsman, Patna (Annexure-P/4). (III) To any other relief/reliefs as your lordship may deem fit and proper, as the award is void, arbitrary, erroneous and bad in the eye of law.

Considering the amount involved in the present

petition, which is Rs. 15,612/-, we are not inclined to issue

notice, more so, when the Insurance Ombudsman found the

claim to be justifiable in terms of the insurance policy.

As such, we dispose of the present petition leaving

all questions of law open to be adjudicated in the appropriate

case.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Rajiv/veena-

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