Government employees are entitled to full medical reimbursement for emergency treatment, even in non-approved hospitals. Administrative authorities must process such claims within a reasonable timeframe, failing which they are liable to pay interest, as the right to health is an essential component of the right to life.

JUDGMENT

SUDEEPTI SHARMA J. (Oral)

1. The present regular second appeal is preferred against judgment and decree dated 22.01.2013 passed by learned Civil Judge, Junior Division, Rewari, as well as judgment and decree dated 18.12.2013 passed by learned Additional District Judge, Rewari, whereby civil suit filed by the respondent was decreed in her favor and appeal filed by appellants was dismissed respectively.

2. Brief facts of the case, as per the civil suit are that husband of respondent, namely Yadu Yadav, was taken to Trauma Center, Rewari, due to severe head injury in a motor vehicular accident that took place on 08.06.2009 near Salhawas, Tehsil and District Jhajjar. But without giving any treatment, he was referred to Gurugram or Delhi. On the same date at about 8:00 p.m., he was got admitted in emergency situation in Kalyani Hospital, Gurugram. After CT scan examination and first aid, for reason of non-availability of ventilator system in the said hospital, he was discharged and taken to Paras Hospital, Gurugram on the same day at about 11:00 p.m., where he remained under treatment up to 17.07.2009 and a total sum of Rs.7,54,975/- was incurred on his treatment and after deducting the subsidy of Rs.1,54,944/- an amount of Rs.6,00,003/- was paid by respondent to the hospital. Medical claim case with original bill of aforesaid treatment was submitted before the appellants on 22.02.2010, which moved from one department to the other and ultimately objections were raised time and again for demand of documents which were already available on the file. Even the emergency certificate for treatment of husband of respondent was also obtained by Principal Government Senior Secondary School, Kosli, District Rewari, and the same was also available on the file but without examining the claim file appellants kept the case of medical reimbursement of husband of respondent pending by raising baseless objections.

3. Further, again, treatment was taken by husband of respondent since, during exercise in Physiotherapy Center, Rewari, due to his timber fracture on 04.04.2010, he was taken to Sir Ganga Ram Hospital, Delhi where operation was conducted on 07.04.2010 and for this treatment a total amount of Rs.1,40,975/- was paid by respondent and the claim of medical reimbursement with bills was submitted by her, but her claim was curtailed and sanctioned to the tune of Rs.48,979/- against the bill amount of Rs.1,40,975/- and the same was paid to respondent vide order dated 09.02.2011 whereas, Sir Ganga Ram Hospital, Delhi is on the approved list of Haryana Government and the treatment was taken from the said hospital and its city hospital branch, which is a part of Sir Ganga Ram Hospital, Delhi, and in this way, the total of bill amount of Rs.1,40,975/- was to be paid to the respondent and the appellant wrongly withheld the amount of Rs.91,996/- from the bill amount of the respondent for which she is legally entitled, along with interest 12% interest per annum from the date of submission of the claim till the date of payment. Again, on 24.04.2010, VP (Ventriculoperitoneal) sent in the brain of husband of respondent was slipped out and he was admitted in emergency in Paras Hospital, Gurugram on the same date, where treatment was taken and an amo