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2021 Supreme(Bom) 6

S.J.KATHAWALLA, RIYAZ I.CHAGLA
Kiran Bhaskar Surgade Widow of Dr. B. S. Surgade – Appellant
Versus
Director, Health Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Ajit Karwande a/w. Mr. Niti Ghavare, Mr. Girish Karwande
For the Respondent: Ms.K.N.Solunke, AGP, Mr.Sandeep Marne, Mr.Rui Rodriques, Mr.Anil Singh, ASG a/w. Mr. Sandesh Patil, Mr. D.P. Singh, Dr.Jitendra Dolare, Dr.Ashutosh Gupta

JUDGMENT :

1. By the above Writ Petition, the Petitioner prays for the following reliefs :

    "a) That this Court be pleased be exercise its jurisdiction under Constitution of India and issue writ or direction calling for the record and proceedings from the office of the respondents Nos.1 and 2 and after examining the validity, legality and propriety and correctness be given order and or direction to the respondent Nos.1 and 4 to quash and set aside the Impugned Order annexed as Exhibit- "O" and allow the claim of the Petitioner that annexed as Exhibit-"J".

(b) The Court be pleased to give an order and or direction to the respondent No.6 - The New India Assurance Co. Ltd. to immediately disburse the claim of the Petitioner annexed as Exhibit- "J" in time bound schedule.

(c) Pending the hearing and final disposal of the writ petition be pleased to direct the respondents except respondent No.6 to file their respective affidavit in respect of claim of the Petitioner.”

2. The Petitioner is the widow of Dr. B.S. Surgade who passed away on 10th June 2020 being infected by COVID-19.

3. Post Dr. Surgade’s unfortunate demise, the Petitioner submitted a Personal Accident Insurance Claim Form dated 2

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