Ashok Kumar v. The Director, Elementary Education & Ors.

1. The petitioner, a teacher in the Grade-III with the Education Department, Government of Rajasthan, seeks reimbursement of medical expenditure incurred on a kidney ailment resulting in kidney replacement in a hospital in Ahmedabad, Gujarat. Reimbursement is sought in terms of the Group Mediclaim Insurance Policy for the period 01.04.2011 to 31.03.2012 issued by the State Insurance and Provident Fund Department of Government of Rajasthan.

2. The issue of the right of the petitioner to claim in terms of the conditions of the aforesaid policy and the quantum of reimbursement he claims entitled for are inherently disputed questions of fact arising from a contract of insurance more appropriately determinable in proceedings under the Consumer Protection Act, 1986 or a regular suit as may be warranted in law.

3. In this view of the matter, I am not inclined to entertain this petition.

4. The writ petition is accordingly dismissed for availability of alternative remedy, with liberty to the petitioner to approach the competent forum/court for the vindication of his perceived rights under the Group Mediclaim Insurance Policy in issue.

5. It is made clear that the time expended by the petitioner in pursuing this petition seeking reimbursement of medical expenditure incurred in replacement of kidney under the aforesaid Group Mediclaim Insurance Policy i.e from 26.11.2012 till 09.05.2015 shall be excluded while computing limitation for