2024/KER/40936 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 W.P.(C) NO.15611 OF 2024 PETITIONER:

LOVELY K, AGED 53 YEARS, W/O.TOMY T. J, THEKKANDIYL HOUSE, CHINGATHARA P.O., MALAPPURAM DISTRICT 679 334.

–

BY ADV CHERIAN MATHEW POOTHICOTE RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, PIN 682 031 –

2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN 695 001 –

3 MEDISEP, REPRESENTED BY ITS SECRETARY, FINANCE (HEALTH AND INSURANCE DEPARTMENT)

THIRUVANANTHAPURAM, PIN 695 001 –

4 THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS AUTHORISED SIGNATORY THR ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE ERNAKULAM, METRO PALACE, ERNAKULAM NORTH KOCHI-18, PIN 682 018 –

SMT K.S SANTHI, SC SR. G.P., SMT. MARY BEENA JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated: 6^th June, 2024)

The petitioner is the mother of Ann Theres Tom who was admitted to the Aster MIMS hospital for treatment. After treatment, the patient was discharged, and the petitioner was told by the hospital that the paediatrics department was not entertaining reimbursement from MEDICEP as they faced difficulty in getting reimbursement from the 2^nd respondent. The petitioner, therefore, filed an appeal before the District Grievance Committee, and the Committee has rejected the same as per Ext.P3. 2. The Learned Government Pleader, as well as the 4^th respondent, submits that the petitioner has an alternate remedy by way of the Second Appeal before the State Level Grievance Committee.

3. The counsel for the petitioner submits that he may be given liberty to move to the State Level Committee.

Permission granted.

Recording the above-said submission, the writ petition is closed with liberty to the petitioner to approach the State Level Committee if advised.

The writ petition is closed.

Sd/-

BASANT BALAJI, JUDGE ss APPENDIX OF WP(C) 15611/2024 PETITIONER EXHIBITS:

Exhibit P1 A TRUE COPY OF THE REFERENCE ALONG WITH THE EMERGENCY CERTIFICATE FOR THE PETITIONER DATED 2/07/2023 ALONG WITH THE EMERGENCY CERTIFICATE DATED 19/07/2023 Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE HOSPITAL Exhibit P3 A TRUE COPY OF THE APPLICATION ALONG WITH THE REPLY