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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Suresh Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of a writ, order or direction especially in the nature of certiorari for quashing of the impugned order dated 18.05.2020 (P-4) to the extent that out of total claim of Rs. 4,63,770/-, Rs. 4,20,766/- has been denied to the petitioner for emergency operation of the wife of the petitioner without assigning any reasons for denial of full medical reimbursement.
Brief Facts
2. The petitioner, Sh. Suresh Kumar, incurred medical expenses for the emergency treatment of his wife, Smt. Poonam, at Indraprastha Apollo Hospital, Sarita Vihar, Delhi. She was admitted in a critical condition to the Obstetrics and Gynecology department, and during the surgery, her uterus and gallbladder were removed, and her hernia was also operated upon. The treatment was urgent, and there was no time to approach an empanelled hospital or seek prior approval. The petitioner submitted a claim of Rs. 4,63,770.51 to the Sub Divisional Officer (Civil), Karnal, for reimbursement of the medical expenses. The Sub Divisional Officer forwarded the bills to the Civil Surgeon, Ka
The right to medical aid is fundamental under Article 21, and reimbursement for treatment at private hospitals during emergencies cannot be denied, upholding the principles of fairness and timely adm....
The main legal point established in the judgment is the obligation of the state to ensure timely medical treatment and the need for a compassionate and sympathetic consideration of medical reimbursem....
In emergency medical situations, full reimbursement of medical expenses is mandated regardless of any imposed ceiling limits, emphasizing the right to timely medical treatment.
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 timefr....
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