CARE HEALTH INSURANCE LTD vs MANJULA HARESH JOISAR AND ANR

Judgment text excerpt

OJ-38-WP-9028-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9028 OF 2024 Care Health Insurance Ltd …Petitioner Versus Manjula Haresh Joisar And Anr …Respondents Mr. R.S. Vidyarthi, a/w Mohit Turakkia, i/b A.S. Vidyarthi, for the Petitioner. Appearance not received for Respondents. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 23, 2026 ORAL JUDGEMENT : 1. Rule. Rule is made returnable forthwith and by consent of the parties, the Writ Petition is taken up for final hearing and disposal. 2. This Petition impugns the award of the Insurance Ombudsman dated May 7, 2024 (“ Impugned Award”). The short controversy involved in the matter relates to one Mr. Haresh K. Joisar who was insured with an insurance company called Star Health and Allied Insurance Co. Ltd. (“Star Health”) with a history of disclosed non- healing patches on his tonsils, which had been diagnosed as carcinoma, Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: for which he had also undergone chemotherapy in 2021. Further follow- 2026.02.02 13:24:15 +0530 Page 1 of 12 January 23, 2026 Ashwini Vallakati OJ-38-WP-9028-2024.doc up procedures towards that treatment had also been undergone and claims for such treatment had been made and honoured by Star Health. 3. Eventually, the insurance policy was migrated to the Petitioner, Care Health Insurance Limited (“ Care Health”). The application for “porting” the insurance policy is said to have been made in January 2022, and the health insurance policy was migrated. The coverage for the policy commenced from January 13, 2022 and lasted until January 12, 2023. 4. Pursuant to the ported policy, a claim was lodged in connection with the insured's hospitalisation by the wife of the insured.