2022/DHC/005555

$~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

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:15.12.2022

16:03:13

Signature Not Verified

2022/DHC/005555

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

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 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

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:15.12.2022

16:03:13

Signature Not Verified

2022/DHC/005555

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 Insurance

7. Today, none appears for Max Bupa Health Insurance Co. Ltd. Mr.

Rajiv Jaiswal, ld. Counsel appears for the Oriental Insurance Co. Ltd. He

submits that as per the application form submitted by the Petitioner, he

suffers from various medical conditions which are serious in nature. The

Petitioner has also truly and diligently filled in his application for issuance

of health insurance and self-declared his