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2021 Supreme(Gau) 672

Lily Mazumdar – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the petitioner: Mr. M. Choudhury and Mr. M. Mahanta.
For the respondents: Mr. A. Phukan and Mr. D. Upamanyu.

ORDER :

1. Heard Mr. M. Mahanta, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondent Nos. 1 and 2 and Mr- D. Upamanyu, learned counsel for the respondent Nos. 3 and 4.

2. The petitioner's prayer is for a direction to be issued to the respondents to grant ex post facto approval for the treatment given to the petitioner's husband at Dispur Hospital at Guwahati, which is not a Govt. approved referral/empanelled hospital and for reimbursement of the medical expenses incurred by the petitioner for treatment of her husband who eventually died in the hospital.

3. The petitioner's case in brief is that due to a medical emergency, which necessitated the immediate hospitalization and treatment of the petitioner's-husband, the petitioner's-husband was admitted to Dispur Hospital on 3.11.2016, as it happened to be the nearest hospital from the residence of the petitioner. The petitioner's-husband was put on ventilator and eventually expired in the hospital on 15.11.2016, while undergoing treatment. The petitioner approached the authorities for reimbursement of the medical expenses incurred in the treatment of her husband which amounted to Rs. 2,95,500.

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