JUDGMENT :

[Prathiba M. Singh, J.]

1. This hearing has been done through hybrid mode.

2. The challenges posed by nature for persons with disabilities, ought to be mitigated by society as a whole which has to lend a helping hand and accommodate their needs.

3. The Petitioner, in the present case has approached this Court challenging the denial of a health insurance policy for his minor son who was suffering Bi-Lateral Hearing Loss, which is a hearing disability.

4. The minor son of the Petitioners was prescribed Cochlear Implant and the Petitioners got the same implant done for their minor son on 22nd July, 2020, on their own expense.

5. Since the Petitioners had a family insurance policy which included their elder daughter at that stage, renewal was sought by them, vide application dated 15th June 2020, with the inclusion of their minor son as a co-insured after disclosing the said pre-existing condition. The Respondent No.1-Tata AIG General Insurance Company Ltd., however, vide communication dated 19th June, 2020 refused to issue a policy on the ground that such a disability would not be covered by their underwriting policy.

6. The case of the Petitioner is that this would be compl