- 1 - HC-KAR NC: 2025:KHC:41612-DB WP No. 6546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 6546 OF 2025 (GM-CON) BETWEEN: 1. THE DIRECTOR SERVICES & BUSINESS DEVELOPMENT 2. THE NATIONAL MANAGER OPERATIONS 3. THE CORPORATE MANAGER SERVICE QUALITY 4. THE MANAGER SERVICE QUALITY 1 TO 4 ARE REP.BY ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.414, VEER SAVARKAR MAR, SIDDHI VINAYAK TEMPLE, PRABHADEVI, MUMBAI-40025, MAHARASHTRA NOW REP. BY THE THE REGIONAL MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, MAHATMA GANDHI ROAD, BANGALORE-560 001 COMPANY IS REGISTERED UNDER COMPANIES ACT, 1956 …PETITIONERS (BY SRI. A N KRISHNA SWAMY, ADVOCATE) AND: 1. MARIYA. R W/O LATE AZHAR NADEEM Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41612-DB WP No. 6546 of 2025 R/O 42263, TYPE K. PRESTIGE FALCON CITY, KANAKAPURA ROAD, ANJANADRI LAYOUT, KONANAKUNTE, BENGALURU-560062, KARNATAKA 2. THE CHIEF EXECUTIVE OFFICER, ICICI BANK LIMITED, REGD. OFFICE LAND MARK, RACE COURSE CIRCLE, VADODARA-390 007 3. THE CREDIT MANAGER, ICICI BANK LIMITED 4. THE SALES MANAGER, ICICI BANK LIMITED, OFFICE OF R3 & R4: NO.5, RG CHAMBERS, 3RD FLOOR, 7TH BLOCK, 80 FT. ROAD, KORAMANGALA, BENGALURU-560 095 …RESPONDENTS (BY SRI. LETHIF B, ADVOCATE FOR R1, SMT. JAI M PATIL, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANEXURE-F DATED 13.09.2024 PASSED BY NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION , NEW DELHI IN FIRST APPEAL No. 616/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:41612-DB WP No. 6546 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Petition has been filed impugning the order dated 13.09.2024 passed by the National Consumer Disputes Redressal Commission, New Delhi, in First Appeal No.616/2024. 2. The National Commission has dismissed the appeal filed by the petitioner/Insurance Company on the ground of inordinate delay of 119 days as reported and admitted delay of 109 days. In order to examine the impugned order, we also tested the merits of the matter to find out whether the matter should be remanded back to the National Commission for consideration on merit or not. 3. The only contention on merit advanced by Mr. A.N. Krishnaswamy, is that medical insurance policy of the deceased husband of the respondent would not cover the illness/deceased/Covid-19. The total premium paid for the medical policy from 27.10.2016 to mid night of 26.10.2021 was Rs.1,40,872/-. The policy covers major medical illness and also procedure which have enumerated. The pandemic Covid-19 - 4 - HC-KAR NC: 2025:KHC:41612-DB WP No. 6546 of 2025 cannot be said that it was not a major medical illness. As the husband of the respondent died because of Covid-19 which we consider as a major medical illness, we are of the opinion that the medical insurance policy issued to the late husband of the respondent would cover the said disease. 4. The State Commission in paragraph No.9 of the order has held as under: "9. Now, coming to the case of the deceased insured, initially he suffered from fever, breathlessness and cough, when it has become severe, doctors advised for hospitalisation. In this regard, if we looked into medical records/Ex-14 inkpage.119 to 140, we could see, he has admitted to hospital on 07.05.2021, wherein he was diagnosed as fever, breathlessness, cough and Covid-19 Pneumonia and he was treated with all due medical care that known to the medical field during the period of pandemic, even when there is no specific line treatment. Despite, such efforts by the doctors, his respiratory got failed and finally, could not save the patient and declared dead on 11.05.2021. He was suffering from Covid-19 since 05.05.2021 and despite seven days of medical treatment, the corona virus (Covid-19) developed very quickly and as a result his respiratory got failed, and hence he could not recover from such disease." 5. Therefore, on merits also, we do not find that the State Commission has committed any error of law in - 5 - HC-KAR NC: 2025:KHC:41612-DB WP No. 6546 of 2025 interpreting the policy. As we find no merit in the case of the petitioner-Company and it would be futile exercise to remand the matter back to the National Commission. Thus, we dismiss the Writ Petition. Pending Interlocutory Applications, if ay, shall stand disposed of. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 29