Rajasthan High Court - Jodhpur
Religare Health Insurance Comp. Ltd vs Smt. Kanchan Dhariwal on 24 May, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3177/2022
Religare Health Insurance Comp. Ltd., Through Its Authorized
Officer, Address 918B, 9D Road, Sardarpura, Jodhpur (Office
Address Vipul Tech Square, Tower C, 3Rd Floor Sector - 43, Golf
Course Road, Gurgaon - 122009.) Now Known As Care Health
Insurance Limited At Vipul Tech Square, Tower C, 3Rd Floor
Sector- 43, Golf Course Road, Gurgaon- 122009.
----Petitioner
Versus
Smt. Kanchan Dhariwal W/o Sh. Ummaid Raj Dhariwal, Aged
About 66 Years, 285, 3Rd 'a' Road, Sardarpura, Jodhpur
----Respondent
For Petitioner(s) : Mr. Sanjay Nahar
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 24/05/2022 Learned counsel for the petitioner has submitted that the respondent has not disclosed her diseases at the time of obtaining healthy policy from the petitioner Health Insurance Company. It is also submitted that the notices issued by the Permanent Lok Adalat has never been served upon the petitioner Insurance Company, as the same were sent on an incorrect address.
Heard learned counsel for the petitioner and gone through the material available on record.
Admit. Issue notice. Issue notice of stay petition also, returnable on 02nd Sept., 2022.
Meanwhile, if the petitioner Insurance Company deposits a sum of Rs.3,85,000/- to the Permanent Lok Adalat within a period of four weeks from today, no recovery shall be effected from the (Downloaded on 25/05/2022 at 09:05:36 PM) (2 of 2) [CW-3177/2022] petitioner Insurance Company pursuant to the impugned award dated 09.12.2019 passed by the Permanent Lok Adalat in Public Utility Services Case No.343/2018.
The amount, so deposited by the petitioner-Insurance Company, shall be disbursed to the respondent on moving appropriate application along with an undertaking to the effect that in case the award passed by Permanent Lok Adalat is dismissed, she shall repay the said amount paid by the petitioner Insurance Company.
It is made clear that if the amount of Rs.3,85,000/- is not deposited by the petitioner Insurance Company within stipulated time, recovery proceedings against it shall continue.
(VIJAY BISHNOI),J 20-Babulal/-
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