After Delhi High Court Nudge, 29 Insurance Companies In India Have Launched Health Insurance Products For Persons With Disabilities

Noting that a total of 29 insurance companies in India have introduced health insurance products for persons with disabilities, the Delhi High Court has observed that the step will offer such individuals a ray of hope and would be a first step in achieving equality for them.

“While the said products may not be the most ideal for persons with disabilities, this would merely be a first step in the process of achieving Equality for PwDs, which is the solemn intent of legislations including the Right of Persons with Disabilities Act, 2016,” Justice Prathiba M Singh said.

The court made the observation while deciding a plea moved by Saurabh Shukla, an investment banking professional suffering from multiple health ailments including tetraplegia since 2012, against the rejection of health insurance to him by two insurance companies.

While disposing of the matter after passing various directions to the authorities from time to time, the court said:

“By the conclusion of the proceedings in the present petition, 29 insurance companies in India have introduced insurance products for persons with disabilities, in effect offering them a ray of hope, to avail of health insurance.”

In December last year, the court had directed the Insurance Regulatory and Development Authority of India (IRDAI) to call a meeting of all insurance companies to ensure that health insurance products are designed for persons with disabilities so as to enable them to obtain the benefits.

Justice Singh noted that various general and health insurance companies including four Government insurance companies namely New India Assurance Company, United India Insurance Company Ltd, Oriental Insurance Company Ltd and National Insurance Company Ltd have launched products for persons with disabilities in the country.

However, the court clarified that the merits of each and every product launched and whether the charges are reasonable or not has been left open for consideration by any appropriate forum which may adjudicate such challenge.

“The IRDAI, being the sector regulator would also have an obligation to ensure that PwDs are not unduly prejudiced and give suitable directions to insurance companies, after reviewing the products launched,” the court observed.

Observing further that Shukla has already availed of the health insurance policy in terms of its earlier order passed on March 17, the court granted him liberty to avail of his remedies in accordance with law for any outstanding grievances.

“This Court appreciates the assistance given by the parties and their Counsels, in ensuring that insurance products for persons with disabilities have been launched in India,” the court said.

While dealing with a similar case in February, Justice Singh had asked IRDAI to consider the manner in which products of health insurance policy can be designed for persons with hearing disabilities and implants.

Shukla was confined to a wheelchair with limited use of his arms. It was his case that having never been hospitalised, he approached two insurance companies, Max Bupa Health Insurance Company Limited and Oriental Health Insurance Company Limited, for taking mediclaim or health insurance. However, both the companies had refused to give him any health insurance policy.

He then approached the Commissioner for Disabilities who also took up the matter with the IRDAI but to no avail. He therefore sought quashing of the communications of rejection by the two insurance companies and also for extending health insurance to him.

Case Title: Saurabh Shukla v. Max Bupa Insurance & Anr.

Citation: 2023 LiveLaw (Del) 753

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