[2026:RJ-JP:15628] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14947/2025 Star Health And Allied Insurance Company Limited, Having Its Registered And Corporate Office At 1, New Tank Street, Valluvar Kottam High Road, Nungambakkam, Chennai - 600034 And Its Corporate Claims Department Office At No. 15, Sri Balaji Complex, 1St Floor, Whites Road, Royapettah, Chennai- 600014 Through Its Constituted Attorney. ----Petitioner Versus 1. Satyanarayan Garg, Resident Of 503, Aggarsen Nagar, Ganganagar, Rajasthan. 2. The Insurance Ombudsman, Ground Floor, Jeevan Nidhi- II, Bhawani Singh Road, Jaipur 302005 ----Respondents For Petitioner(s) : Mr. Prakhar Agrawal with Mr. Vaibhav Sharma For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Order 15/04/2026 Learned counsel for the petitioner has submitted that the award passed by learned Ombudsman is bad in law, as the same is passed sans consideration of law and material facts. Heard. The relevant extract from the impugned award dated 21.07.2025 passed by the learned Ombudsman is reproduced hereinbelow: “On perusal of the documents exhibited and oral submissions made during the hearing, I find that the Respondent Insurance Company has partially settled the claim as per the sublimit mentioned in the policy for the Sum Insured of Rs. 5 Lacs. However, it is also observed that the sub limit mentioned in the policy terms and conditions is only for the Robotic Surgeries and not for the whole [2026:RJ-JP:15628] (2 of 2) [CW-14947/2025] treatment. It is also noted that in the present hospitalisation bill the cost charged for the Robotic Equipment is Rs. 200000/- and the Surgery cost is Rs. 151497/-. Hence, the Respondent Insurance Company cannot restrict the other charges such as Room Rent, Investigation, Consultation, Procedures charges etc in the sub-limit of Robotic Surgeries. It is also observed that in policy terms and conditions it is clearly mentioned that only in Oral Chemotherapy, sublimit is inclusive of hospitalisation as well as pre and posthospitalisation expenses. In view of all above the restriction on whole hospitalisation expenses along with pre and post hospitalisation expenses is not ethical. Hence, the Respondent Insurance Company is asked to settle the remaining claim of hospitalisation expenses along with pre & post hospitalisation expenses to the Complainant. Accordingly an award is passed with the directions to the Respondent Insurance Company to settle the reimbursement claim for balance amount along with pre & post hospitalisation expenses for an amount of Rs. 380000/-in accordance with the terms and conditions of policy.” Having done the needful, it is opined that the issue at hand pertains to a minuscule amount of Rs.3.80 Lacs, and that identical issue has been settled by this Court in S.B.CWP No.12131/2025 titled Star Health And Allied Insurance Company Limited Versus Brijendra Gangal & anr. vide order dated 12.08.2025, thence, making the said judgment, applicable herein on mutatis mutandis basis, this Court is not inclined to allow the present writ petition. Accordingly, the present writ petition is dismissed. Order dated 12.08.2025 (supra) be made applicable herein. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK /29