Bombay High Court
Rita Kirit Joshi vs New India Assurance Company And 2 Ors on 2 February, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
1-OSWP-2839-2021.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2839 OF 2021
Rita Kirit Joshi ...Petitioner
Versus
New India Assurance Company & Ors ...Respondents
Mr Ashok D Shetty, with Swapnil P Kamble, for the Petitioner.
Mr DS Joshi, for Respondent No.1.
Ms Komal B Shah, i/b Bhave & Co, for Respondent No.3.
CORAM G.S. Patel &
Dr Neela Gokhale, JJ.
DATED: 2nd February 2023
PC:-
1. Mr Joshi will need to take instructions since prima facie we ASHWINI HULGOJI GAJAKOSH are of the view that the entire controversy ends on account of the Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2023.02.03 IRDA circular dated 12th October 2022. A copy of that is at page 5 09:58:04 +0530 of Mr Shetty's compilation filed on 5th January 2023.
2. Mr Shetty points out that this clarification is specifically with reference to exclusions claimed for internal congenital diseases, genetic diseases or disorders and prohibits their incorporation as exclusions in an insurance policy. The IRDA circular notes that many insurers refuse to provide covers to new born or infants with internal congenital birth defects from day one and that this is against Page 1 of 2 2nd February 2023 1-OSWP-2839-2021.DOC the true spirit of the cause. Then the circular reiterates that all insurance products that cover newborns or unborns are to comply with these provisions without any deviation and provide coverage from day 1one without imposing any waiting periods sub-limits or any other restrictive conditions.
3. List the matter for orders on 8th February 2023 at 2.30 pm.
4. Affidavit to Reply to the amended Petition is to be filed in the Registry.
(Dr Neela Gokhale, J) (G. S. Patel, J)
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2nd February 2023