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Rajasthan High Court · body

2007 DIGILAW 1710 (RAJ)

Yogesh Chandra Tewari v. State of Rajasthan

2007-09-11

ASHOK PARIHAR

body2007
JUDGMENT 1. - The reimbursement of the medical bills has been denied to the petitioner only on the ground that he had received treatment in private hospital. Admittedly, the petitioner was referred to All India Medical Institute for heart surgery, however. due to non-availability of bed in the above hospital at the relevant time, the petitioner had to undergo surgery in a private hospital. Time and again this has expressed anxiety and serious observations on the attitude of the authorities in such sensitive matters. The life of a patient is the prime consideration at the relevant time. Attendents are not supposed to look for a recognised hospital or seek prior permission of the authorities for undergoing the heart surgery. There is also no dispute that the authorities have the powers and discretion to relax conditions of reimbursement. As such, there is no justification whatsoever as to why such relaxation has not been given in the present matter when admittedly the bed was not available at the AIMS Hospital, New Delhi at the relevant time. The impugned order of refusal to give relaxation on the face of it appears to be a casual and bureaucratic. Fundamental right to life and liberty under the Constitution of India also includes right to get proper medical assistance and treatment at appropriate stage, moreso, when the death see no law. 2. Accordingly, the writ petition is allowed. The respondents are directed to reimburse the entire expenses incurred by the petitioner on the surgery undergone by him in the present matter. Though authenticity of the bills submitted by the petitioner can not be disputed so far, still, the petitioner may submit an undertaking that in case the bills submitted by the petitioner are found forged or otherwise, he will be liable to refund the amount. Since very unjust and unreasonable stand has been taken by the respondent, the petitioner is further entitled for a cost of Rs. 20,000/- to be paid by the respondents along with the amount of reimbursement. The entire payment be made to the petitioner within thirty days from the date of receipt of certified copy of this order.Writ Petition Allowed. *******