2018 Supreme(P&H) 911
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAKESH KUMAR JAIN, J.
Jangeer Chand – Petitioner
Versus
State of Punjab and others – Respondents
CWP No.20800 of 2015
Decided On : 17-04-2018
Important Points
Subject
Insurance Law - Medical Insurance Claim
Headnote
medical claim - Bhai Ghanhya Sehat Sewa Scheme - Clause 6.1.6, Clause 6.4.10 - The court discussed the Bhai Ghanhya Sehat Sewa Scheme and specifically focused on Clause 6.1.6 and Clause 6.4.10 of the agreement. It highlighted the interpretation of the time limit for submitting the claim form and the obligations of the TPA/insurer in settling the claim within a specified period.
Fact of the Case:
The petitioner sought reimbursement for medical expenses under the Bhai Ghanhya Sehat Sewa Scheme. The claim was rejected by respondent No.5 due to the documents being submitted after 60 days from the date of discharge. The petitioner challenged this decision.
Finding of the Court:
The court found that the rejection of the claim solely based on the 60-day submission rule was unjust, especially considering the petitioner's circumstances as an agriculturist and the medical treatment he underwent within the 60-day period.
Issues: The main issue was whether the claim could be rejected solely based on the delay in submitting the documents after 60 days from the date of discharge.
Ratio Decidendi: The court held that the strict application of the 60-day submission rule was unwarranted, considering the circumstances of the petitioner and the lack of communication regarding the time limit. It emphasized the need for a practical and reasonable approach in such cases.
Final Decision: The court allowed the petition, declared the rejection of the claim as illegal, and remanded the matter back to the respondents to reconsider the petitioner's claim within 2 months.
For the Petitioner:Mr. Ravi Gakhar, Advocate
For the Respondent:Ms. Bhawna Gupta, DAG, Mr. Neeraj Madan, Advocate, Mr. Harsh Aggarwal, Advocate
RAKESH KUMAR JAIN, J.
1. The petitioner is aggrieved against the decision of respondent No.5 by which his medical claim has been negated on the ground that his claim documents have been received after 60 days from the date of discharge.
2. In brief, the Government of Punjab has issued a scheme called Bhai Ghanhya Sehat Sewa Scheme 2014-15. Under the said scheme, a tripartite agreement was executed on 13.11.2013 amongst United India Insurance Company Ltd. [UIIC], M.D. India Health Care Services (TPA) Pvt. Ltd. [TPA] and Bhai Ghanhya Trust [Trust] for the benefit of its members. A number of government and private hospitals were approved by UIIC or TPA by executing MOUs wherein the members of the Trust can have their cashless medical treatment or can get reimbursement after verification of documents through TPA. As per Clause 6.1.6 of the Agreement, TPA or UIIC is to settle the package rates with network hospitals as per Trust Schedule of rates and as per package code No.990, Fortis Hospital is to conduct cashless bye-pass surgery at a prescribed rate. Respondent No.4 to 6, in their reply, have reproduced Clause 6.1.6 of the agreement, which read as under:-
“6.1.6 The TPA/insurer shall categorize the hospitals on the basis of defined objective criterion as enlisted in Annexure IV to this Agreement. The TPA/Insurer shall fix the rates with the Network Hospitals in accordance with Bhai Ghanhya Schedule of Rates provided herein. Such Bhai Ghanhya Schedule of Rates shall be incorporated as an annexure or a Schedule in the MOU to be signed between the TPA and the Network Hospital. The Trust shall reserve the right to introduce the amendments/rectifications, if any required in the Bhai Ghanhya Schedule of Rates at any point of time and the same shall be binding upon all the parties.”
3. It is averred that the premium was paid by the Trust to UIIC and accordingly, insurance policy w.e.f. 16.5.2014 to 15.5.2015 was issued for the members of the Trust. The petitioner is also covered by the said medical insurance scheme during the period 2014-15. It is averred by the petitioner that on 30.11.2014, he suffered triple vessel disease and was in emergency admitted in Fortis Hospital, Mohali. He had a bypass surgery on 2.12.2014 and was discharged on 9.12.2014. At that time, the petitioner was covered by the mediclaim policy which was valid from 16.5.2014 to 15.5.2015. The petitioner paid medical expenses/bills of an amount of `3,63,583/- to the Fortis Hospital, Mohali. It is submitted that on 23.1.2015, while the petitioner was recovering from the earlier treatment mentioned hereinabove, suffered with Cholelithiasis (stones in gallbladder) for which the doctors at the Fortis Hospital put stunt in his gallbladder. The report of the medical treatment dated 23.1.2015 is also enclosed with the petition. The petitioner for the purpose of claiming reimbursement, as per the mediclaim policy, approached respondent No.4 by submitting claim form but instead of accepting the same respondent No.4 raised an objection regarding completion of documents but nothing was conveyed to the petitioner about the limitation. The petitioner, in compliance with the objections, submitted all the documents but again an objection was raised regarding compact disc of angiography. Ultimately, after completion of the documents, the form of the petitioner was accepted by respondent No.4 on 28.2.2015 but vide letter dated 30.4.2015, the petitioner was informed that his case has been rejected by respondent No.5 only on the ground that the documents submitted by him are after 60 days of discharge. The petitioner made a representation, served legal notice and finally filed the present petition for reimbursement of the medical claim.
4. The only stand taken by respondents No.4 & 5, being the contesting respondents, is that the claim of the petitioner has been repudiated because it has been submitted after a period of 60 days from the date of discharge and in this regard refer