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2012 DIGILAW 358 (PNJ)

Sukh Ram v. Chairman, Gurgaon Gramin Bank

2012-02-28

K.KANNAN

body2012
JUDGMENT Mr. K. Kannan, J.: - The petitioner’s claim for reimbursement for medical expenses incurred for a angioplasty performed at a private hospital at Delhi was refused on the ground that the particular medical reimbursement guidelines provided under the V Bipartite Settlement did not provide for “the package charges” for angioplasty. The impugned order states that these charges were introduced in the Bank for reimbursement only in the VI Bipartite Settlement. The learned counsel appearing on behalf of the petitioner points out to Regulation No.12 that allows for medical expenses incurred for several types of diseases that includes cardiac ailments as well. In the manner of reimbursement for operation charges, the special operations mentioned are “Cardiac including By-pass Surgery” (among other types of surgery). As regards the investigation expenses, it includes the expenses for Heart Valve replacement, Angiography and pace-maker, to the extent of 60% for family members and 90% for workman at the sole discretion of the Bank. The question for consideration is whether a balloon angioplasty would fall within a cardiac surgery and the examination of term ‘angiography’ which is an investigation expense approved in the guidelines. The term “Angiography” is defined as follows:- “Angiography means rendering the blood-vessels visible on an X-ray film by injecting into them a radio-opaque substance. In the case of arteries this is know as arteriography; the corresponding term for veins being venography or phlebography. This procedure demonstrates whether there is any narrowing of the lumen of the vessel.” (Black’s Medical Dictionary-36th edition) 2. The Bank Medical Reimbursement Policy itself includes several surgical procedures and techniques that tackle heart ailments that include the procedures for Heart Valve replacement, Angiography and pace-maker. The National Lung and Blood Institute, US Department of Health and Human Service defines “Coronary Angioplasty” as “a procedure used to open narrow or blocked coronary (heart) arteries. The procedure restores blood flow to the heart muscle”. 3. The definition of “Angioplasty” itself therefore shows a particular procedure that widens the inner passage of the artery that is thickened which is a condition called as atherosclerosis. It is a heart condition which comes within a coronary heart disease, as defined by the National Lung and Blood Institute. Medical literature suggests that the plaque or thickening of the inner size of the arteries could harden or rupture. It is a heart condition which comes within a coronary heart disease, as defined by the National Lung and Blood Institute. Medical literature suggests that the plaque or thickening of the inner size of the arteries could harden or rupture. The hardened plaque narrows the coronary arteries and reduces the flow of oxygen-rich blood to the heart. This can cause chest pain or discomfort called angina. If the plaque ruptures, a blood clot can form on its surface. A large blood clot can mostly or completely block blood flow through a coronary artery. This is the most common cause of a heart attack. All this would show the angioplasty is done to remove the thickening of the arteries as a sequelae to a heart ailment. A surgery may, for this purpose, be taken therefore as alleviating a heart ailment. Rules surely prescribe for reimbursement for ‘coronary diseases’. Under the circumstances, the petitioner is entitled to consideration for medical reimbursement. The subsequent specific clause provides for angioplasty in the VI Bipartite Settlement could only be taken as clarificatory and the absence of such a reference in the V Bipartite Settlement cannot be stated to be material to deny the petitioner’s entitlement to such medical reimbursement. In matters relating to medical reimbursement, certain amount of pragmatism is necessary. The Hon’ble Supreme Court held in P.S. Noor Versus Javed Choudhury-2001(4) SLT 363 that medical reimbursement cannot be rejected on technical grounds. The petitioner is entitled to medical reimbursement for the ailment for which he had presented the bills and the same shall be admissible as per the extant rules or regulations. The impugned order is quashed and the petitioner is allowed the medical reimbursement in the manner provided under the Rules within a period of 6 weeks from the date of receipt of copy of this order. 4. The writ petition is allowed on the above terms. ---------0.B.S.0------------