Harsimran Singh Sethi, J. (Oral) CM-12931-CWP-2024
Present application has been filed for recalling the order dated 29.07.2024 passed by this Court by which, the main writ petition was dismissed for non-prosecution.
Notice of the application to the counsel opposite. Mr. Charanpreet Singh, AAG, Punjab accepts notice on behalf of the respondent-State and Mr. Satpal Dhamija, Advocate accepts notice on behalf of the respondents No.3 and 4 and raises no objection for the grant of prayer as made in the present application.
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Keeping in view the averments made in the application, which are duly supported by an affidavit, application is allowed. Order dated 29.07.2024 passed by this Court is recalled and the main writ petition is ordered to be restored to its original number and status and is taken up for hearing today itself.
CWP-12162-2018
In the present petition, grievance being raised by the petitioner is that the claim of the petitioner for medical reimbursement has been rejected by the respondent-Insurance Company on the ground that the same was submitted after 30 days of leaving the hospital. Learned counsel for the petitioner submits that keeping in view the judgment of the Division Bench of this Court in LPA No.629-2020 titled as Oriental Insurance Company Limited vs. Maninder Singh Patwari and others decided on 30.03.2022 the said ground for rejection of the claim for medical reimbursement has been found to be illegal and direction has been given to the Insurance Company to process the claims of the employees, who are claiming benefit of medical reimbursement ignoring the said clause. Learned counsel for the petitioner further submits that keeping in view the order passed by the Division Bench of this Court in Maninder Singh Patwari (supra), the respondents are under an obligation to consider the claim of the petitioner for medical reimbursement. Learned counsel appearing for the respondent-Insurance Company does not dispute the said proposition of law settled in Maninder Singh Patwari (supra), but submits that the claim of the petitioner for
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medical reimbursement has not been submitted to the Insurance company by the respondent-department and the respondent-department be directed to submit the claim of the petitioner to the Insurance Company so that comprehensive order will be passed on the claim of the petitioner for medical reimbursement.
Learned counsel for the respondent-State submits all the documents, which have been received from the petitioner by the respondent- department will be forwarded to the Insurance Company within a period of 04 weeks from today.
Learned counsel for the Insurance Company submits that claim of the petitioner for medical reimbursement will be considered on merit and appropriate speaking order will be passed within a period of 08 weeks from the date of receipt of documents from the respondent-State and for whatever benefit the petitioner is found entitled for, the same will be released to her. Learned counsel for the petitioner submits that keeping in view the statement made by learned State counsel as well as learned counsel for the respondent-Insurance Company, the present petition may kindly be disposed of having been not pressed any further with liberty to the petitioner to avail appropriate remedy in case, the petitioner is still aggrieved in any manner.
Ordered accordingly.
October 01, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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