Lawfully yours: By Justice K Chandru

Sue insurer, TPA in consumer court for deficiency in services

Q: I have been a health insurance policyholder for over 33 years with a PSU. During my recent hospitalisation, its Third Party Administrators (TPA) declined cashless hospitalisation, stating I don’t have a policy ID card. After obtaining the ID with much difficulty, the TPA made a blunder, recording the date of admission wrongly, and then retracted the approval despite the hospital and me citing it as their mistake. They also failed to grant cashless approval when the pre-approval request was re-sent again with the same date of admission. Later, they brought in the time factor to again deny me policy benefits. Incidentally, this is not the first instance that this insurer and its TPA are treating policy claims by patients with such callousness, rampant high-handedness and uncaring attitude. Is it okay to publicly post an appeal over such highhandedness and lack of concern by the insurance company and its TPA for public awareness? With both not at all caring to respond or even reply to repeated pleas what are the options left?

— RS Murali

A: With public appeal, these companies will not change or correct themselves. If there is any deficiency in their services, you must sue them before the consumer courts and seek proper compensation. Only such cases will put them in their place.

Better understanding needed for social inclusion of third gender

Q: Tamil Nadu is a state that appreciates social justice. Women’s empowerment was initiated during the period of Periyar and today we can see the best of the contribution from women in various fields. The trauma women faced in the yesteryears is now being faced by the third gender. Some of the transpersons are left with no choice but to beg. They are outcasts and untouchables in the job market. Only if there are schools, colleges and hostels for LGBTQ+ members, their lives will improve. How can this be made possible? Are there any legal remedies available so that they don’t end up as beggars or prostitutes?

— Karthick Prabhu

A: There are many transpersons (Tirunangai) who have made names for themselves in different fields. Of course, these isolated incidents of forced begging have brought them a bad name to some extent. It is the manifestation of the sufferings that they undergo in this society. The government has introduced some ameliorative schemes for improving their lot. But these are only a few and may not suffice to create an inclusive society. Unless our society learns to understand and appreciate them their situation will not improve.