Srinagar, Aug 28: The High Court of J&K and Ladakh has temporarily directed IFFCO TOKIO General Insurance Company Limited to continue with the existing arrangement as regards Ayushman BharatPradhan Mantri Jan Arogya Yojana-SEHAT Scheme to provide free of cost Universal Health Coverage to all the residents of J&K including the serving and retired employees and their families through a network of Empanelled Health Care Providers (EHCPs).A bench of Justice Rajesh Sekhri said this while allowing a petition by the Government of J&K,Petitioner (Union Territory of J&K) has succeeded to make out a prima facie case for grant of interim measures in terms of Section 9 of the Arbitration Act and since contract between the parties is service of insurance, balance of convenience favours the grant of injunction,” the court said after hearing the petitioner (UT of Jammu and Kashmir) through senior advocate P N Raina and AAG Amit Gupta besides,Advocate Arif Sikander who appeared for EHCPs( interveners) and senior advocate S F Qadri for IFFCO TOKIO General Insurance Limited.The IFFCO TOKIO General Insurance Company Limited had terminated the contract with effect from 14th march 2024.In the termination notice, the Company had stated that though the insurance contract was for a period three years, however, as per clause 9.1( c) of the contract, the Company had the right to terminate the contract even before the completion of the period of three years. On this aspect, the court did not agree and held that the insurance contract was for the minimum period of three years and the insurer had no right to terminate the contract before the expiry of that period.
Ayushman BharatPradhan Mantri Jan Arogya Yojana-SEHAT Scheme
