$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13^th December, 2022 + W.P.(C) 6074/2019 SAURABH SHUKLA ..... Petitioner Through: Mr. Siddharth Nath and Ms.

Khushboo Hora, Advs.

(M:9811004884)

versus MAX BUPA HEALTH INSURANCE CO. LTD. AND ORS. ..... Respondent Through: Mr. Rajiv Jaiswal, Advocate for R-2.

(M:9871901997)

Mr. Dipak Nag, Advocate for R-3.

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

Brief Facts

2. The inherent challenges for persons with disabilities are further exacerbated by institutions which fail to recognise rights of such persons as provided for in law. The present petition raises issues concerning denial of health insurance for persons with disabilities.

3. The present petition has been preferred by Mr. Saurabh Shukla who is suffering from Tetraplegia and paralysis below his chest due to a spinal cord injury which he suffered in 2011. He is confined to a wheelchair and has limited use of his arms. Despite the injury, he is currently working as an investment professional with a hedge fund and is working from home.

4. It is the case of the Petitioner that he approached two insurance companies i.e, Max Bupa Health Insurance Co. Ltd. & Oriental Insurance Co. Ltd., for seeking a Mediclaim/Health Insurance. However, both the Signature Not Verified Digitally Signed W.P.(C) 6074/2019 Page 1 of 18 companies refused to issue any health insurance policy to the Petitioner. Thereafter, the Petitioner submitted a representation vide an email dated 7^th January, 2018 to the Court of the Chief Commissioner for Disabilities. The Dy. Chief Commissioner of the Court of the Chief Commissioner for Disabilities vide letter dated 14^th March, 2018 took up the matter with The Chairperson, Insurance Regulatory and Development Authority of India (IRDAI). The relevant extract of the communication addressed to the Chairperson, IRDAI is as follows:

“2. Section 75 of the Rights of Persons with Disabilities Act, 2016 mandates the Chief Commissioner for Persons with Disabilities on his own motion or on application of any aggrieved person or otherwise to look into the complaints inter-alia, with respect to matters relating to deprivation of rights of persons with disabilities and to take steps to safeguard the rights and facilities made available to them.

3. You are advised to look into the matter and advice the insurance companies to initiate the policies for persons with disabilities. It is ensured that persons with disabilities are not deprived of their legitimate rights. Action taken in the matter may please be sent to this Court within 30 days from the date of receipt of this communication.”

5. In their reply dated 4^th May, 2018, the General Manager (Health), IRDAI simply stated that the regulatory mechanism to enable insurance companies to provide health insurance covering existing disability already exists. However, no positive reply or consideration in regard to the case of the Petitioner for issuance of a health insurance policy was given. The reply concluded with the following extract:

“Therefore, taking into consideration the needs of the targeted market segment, Insurers design the products, Signature Not Verified Digitally Signed W.P.(C) 6074/2019 Page 2 of 18 which is in their domain. It is essential that the products that the insurance companies design shall be financially viable and seif-sustainable for them to meet the liabilities as and when the claim arises”

Thus, the IRDAI turned a blind eye to the problem and defended the insurance companies.

6. In this factual background, the Petitioner has approached this court with the present petition seeking quashing of the rejection of his Health Insurance application by the insurance companies. Further, he also seeks a writ of mandamus directing the Respondent Insurance companies i.e, Max Bupa Health Insurance Co. Ltd. & Oriental Insurance Co. Ltd. to issue a Health Insurance policy to him.

Application for Health In