SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Bom) 383

G. S. PATEL, NEELA GOKHALE
Rita Kirit Joshi – Appellant
Versus
New India Assurance Company – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Ashok Shetty, with Swapnil P Kamble
For the Respondent: Mr. D.S. Joshi, Ms. Komal B. Shah, i/b Bhave & Co.

JUDGMENT :

Neela Gokhale, J.

1. Rule. Rule made returnable forthwith. Heard the Writ Petition finally on merits with the consent of the Learned counsel appearing for the Petitioner and the Respondent Nos. 1 and 3. Though served, Respondent No. 2 is absent.

2. The present petition under Article 226 of the Constitution of India seeks a declaration that under Clause No. 3.11 of a particular insurance policy, the Petitioner is entitled to a recovery of all the expenses she incurred for the treatment of her new-born twin babies. She seeks a mandamus to the Respondent No. 1 insurance company to disburse the amounts of her claim. The prayers in the amended writ petition read thus:

    “A. That this Hon'ble Court be pleased to issue a writ of Mandamus or Certiorari or any other appropriate writ, order or direction in the nature of a writ of Mandamus or Certiorari or any appropriate writ, order or direction under Articles 226 r/w Articles 14 & 21 of the Constitution of India, to hold and declare that under Clause 3.11 of the Mediclaim policies bearing Nos.: 14220034179500003932 & 1422003417780000676, the Petitioner would be entitled to all the expenses incurred by her for the treatment of her new b

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top