Rajasthan High Court - Jodhpur
Star Health And Allied Insurance ... vs Manish Mehta (2023/Rjjd/014632) on 11 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/014632] (1 of 3) [CW-8793/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8793/2022
1. Star Health And Allied Insurance Co. Ltd, Through
Managing Director, Star Health And Allied Insurance Co.
Ltd. Regd. And Corporate Office 1, New Tank Street,
Valluvar Kottan, High Road, Nungamballa, Chennai-
600034.
2. Star Health And Allied Insurance Co. Ltd., Through Branch
Manager, Star Health And Allied Insurance Co. Ltd., 14-B
Pream Bhawan, Pur Road, Gandhi Nagar, Bhilwara.
----Petitioners
Versus
Manish Mehta S/o Shri Jitendra Kumar Mehta, Aged About 54
Years, R/o A-36, Kumbhanagar, Chittorgarh, Tehsil And District
Chittorgarh.
----Respondent
For Petitioner(s) : Mr. Vinay Jain a/w Mr. Pranay Mehta &
Mr. Darshan Jain.
For Respondent(s) : Mr. Manish Pitaliya.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/05/2023
1. The writ petition has been preferred claiming the following
reliefs:-
"It is therefore, prayed that by appropriate writ, order
or direction, the award dated 17.02.2022 (Annexure-
9) passed by the Learned Permanent Lok Adalat,
Chittorgarh in claim case No.36/2019 "Manish Mehta
vs Star Health & Ors." may kindly be quashed and set
aside."
2. The respondent was having a Family Health Optima
Insurance Policy for the sum insured of Rs.3,00,000/-.
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3. Learned counsel for the petitioners has drawn attention of
this Court towards the Annexure-1, which is a declaration form, in
which, the respondent has not declared any ailment/disease.
However, the ailment form contains list of serious disease, which
does not include the disease, which is the Ulcerative Colitis.
Learned counsel further submits that Ulcerative Colitis is a serious
ailment, but the document supplied by him itself points out that
usually it is a fatal.
4. Learned counsel for the petitioners also referred to the
judgment by the Hon'ble Apex Court in the matter of Branch
Manager, Bajaj Allianz Life Insurance Company Ltd. & Ors.
Vs. Dalbir Kaur (Civil Appeal No.3397/2020 (Arising out of
SLP (C) No.10652/2020)) decided on 09.10.2020.
5. Learned counsel for the petitioners submits that the
respondent did not disclose his past medical history at the time of
taking insurance, which is evident from the medical record, where
the respondent seems to have a known history of Ulcerative Colitis
for last twenty years. Learned counsel further submits that the
rejection of the claim was in accordance with law.
6. Learned counsel for the respondent submits that the disease
in question i.e. Uncerative Colitis is not normally having any fatal
effect. Learned counsel further submits that the cause of the
present claim was Deep Vein Thrombosis (DVT) and which has no
connection whatsoever with the Ulcerative Colitis. Learned counsel
also submits that there is a list annexed to the Annexure-1, which
does not have the name of Ulcerative Colitis as a serious disease.
7. Learned counsel for the respondent has relied upon the
judgment rendered by the Hon'ble Apex Court in the matter of
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Sulbha Prakash Motegaonkar & Ors. Vs. Life Insurance
Corporation of India (Civil Appeal No.8245/2015(Arising
out of SLP (C) No.13589/2015)) decided on 05.10.2015.
8. Learned counsel for the respondent submits that the cause of
Deep Vein Thrombosis is not connected to Ulcerative Colitis and
thus, by no way the petitioners can be permitted to reject the
claim of the respondents.
9. This Court upon seeing the cause of claim not connected with
the cause of so called non-disclosed health issue of Ulcerative
Colitis and also seen that the judgment of Sulbha Prakash
Motegaonkar (supra) being applicable in the present case, is
not inclined to make any interference in the impugned order.
10. In view of the above, the present petition is dismissed. All
pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
9-/Jitender//-
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