20 June 2019
Madras High Court holds that Writ Petition is maintainable against Private Body if it has a Public Duty imposed upon it
Justice Pushpa Sathyanarayana allowed a writ petition filed by a lady seeking a direction to a private insurance company to honour an insurance claim in respect of Health Insurance Policy availed by her husband. The claim was rejected by the Insurance Company on the ground that the cause of death of the lady’s husband was not covered under “Major Medical Illness”. The Company’s argument before the High Court was that since it is not a “State” within the meaning of Article 12 of the Constitution the Writ Petition seeking Mandamus against the Company was not maintainable. The Court rejected the plea.