Existence Of Efficacious Alternative Remedy Amid COVID-19 Lockdown Doubtful : Delhi HC Entertains Writ Petition On Insurance Claim Dispute

The Delhi High Court entertained a writ petition on a dispute relating to insurance claim observing that the availability of efficacious alternative remedies was "extremely doubtful", due to the COVID-19 pandemic situation. In a matter pertaining to denial of claim by the insurance company, the Single Bench of Justice Prateek Jalan while providing relief to the person insured, noted that since the Petitioner shows urgency of medical treatment and there's no major dispute regarding the evidence, the court could entertain the present plea in a writ petition. Arguments Advanced by the Petitioner When the respondent raised the issue of maintainability of the petition, the petitioner argued that there is no absolute bar to the jurisdiction of the writ court even in contractual matters arising between a citizen and an instrumentality of the State, but the exercise of jurisdiction is a matter for the Court's discretion. Refuting the respondent's claim regarding the present matter falling under the exclusion clause of the policy, the court noted that the petitioner was found to be free of the disease in the interregnum, thus, it also shows that the petitioner's present condition cannot be treated as a pre-existing one.