ORDER

1. THIS APPEAL INVOLVES ONLY A TRIFLING ISSUE AS TO THE ADMISSIBILITY OF THE MEDICAL CLAIM OF THE APPELLANT. THE MEDICAL REIMBURSEMENT WAS NOT PAID TO THE APPELLANT ON THE GROUND THAT AFTER HAVING BEEN TREATED FOR FOUR DAYS IN A HOSPITAL AT RIWARI, HE WAS THEREAFTER SHIFTED TO GANGA RAM HOSPITAL, NEW DELHI WHERE HE WAS ULTIMATELY OPERATED UPON. WE ARE INFORMED BY THE LEARNED COUNSEL THAT AT THE MATERIAL TIME GANGA RAM HOSPITAL WAS NOT A RECOGNISED HOSPITAL.

2. UNFORTUNATELY, THE JUDGMENT OF THE HIGH COURT UNDER APPEAL DOES NOT EVEN SAY THAT THE REFUSAL OF THE MEDICAL REIMBURSEMENT BY THE RESPONDENT WAS JUSTIFIED ON THE GROUND THAT GANGA RAM HOSPITAL WAS NOT A RECOGNISED HOSPITAL. THE HIGH COURT HAS GONE A STEP AHEAD AND DECIDED FOR ITSELF THAT IT WAS NOT A SITUATION OF EMERGENCY. IN OUR VIEW, THE HIGH COURT WAS WHOLLY UNJUSTIFIED IN MAKING A DECISION WHICH REQUIRED KNOWLEDGE OF MEDICAL SCIENCE. THERE IS NO DISCUSSION IN THE JUDGMENT UNDER CHALLENGE AS TO THE DETAILS OF THE CIRCUMSTANCES UNDER WHICH THE APPELLANT WAS SHIFTED TO GANGA RAM HOSPITAL, OR MEDICAL TREATMENT GIVEN TO HIM IN THE HOSPITAL AT RIWARI AND HIS RESPONSE THERETO.

3. OUR ATTENTION HAS BEEN DRAWN TO THE JUDGMENT