Punjab-Haryana High Court
Risal Singh Khara vs State Of Haryana And Another on 29 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:058369
2024:PHHC:058369
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
220 CWP-20514-2018 (O&M)
Decided on : 29.04.2024
RISAL SINGH KHARA
. . .Petitioner
Versus
STATE OF HARYANA AND ANOTHER
. . . Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
PRESENT: Mr. Aftab Singh Khara, Advocate for the petitioner.
Ms. Vibha Tewari, AAG, Haryana.
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HARSIMRAN SINGH SETHI, J. (Oral)
In present petition, the grievance being raised by the petitioner is
that the petitioner has been declined the benefit of reimbursement of the
medical bills by order dated 10.11.2016 (Annexure P-1) on the ground that
the treatment taken by the petitioner was from an unapproved hospital and
treatment taken was not in an emergent situation.
As per the learned counsel for the petitioner, the petitioner
suffered a severe pain in the back of the body for which, the surgery was
essential to be done, and under unbearable pain he was admitted in the
Forties Memorial Research Institute, Gurugram, where he had taken the
treatment, but the said treatment has wrongly been opined to be not in an
emergent situation so as to reimburse the medical bills to the petitioner.
Learned counsel for the respondents submits that the
reimbursement of the medical bill amounting to Rs. 3,79,945/- is only being
claimed qua the surgery which the petitioner got done for his back body
pain and the competent authority vide impugned order dated 10.11.2016
(Annexure P-1) had already mentioned that the said surgery was not in
emergent situation and hence, any treatment taken from an unapproved
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hospital and that too not in an emergent situation, no reimbursement is
maintainable.
I have heard learned counsel for the parties and have gone
through the record with their able assistance.
It may be noticed that an injury to the spine, for which the
reimbursement was declined by the respondents, while passing order in
CWP No. 12301 of 2016 titled as Narinder v. State of Haryana and others,
decided on 04.04.2022, the Co-ordinate Bench of this Court has held that
any treatment taken for a spine injury, even from an unapproved hospital, is
to be treated as treatment taken in an emergent situation. The benefit of
reimbursement was allowed in case of Narinder' s case (Supra) . In the
present case also, the treatment which has been taken by the petitioner
relating to the injury in spine for which the petitioner was operated upon.
Once, the petitioner was operated upon qua the spine injury which has
already been treated as emergent situation in Narinder' s case (Supa), the
opinion of Doctors vide letter dated 30.08.2016 (Annexure P-1) can not be
sustained in the light of the judgment passed by the Co-ordinate Bench of
this Court in Narinder' s case (Supa).
As per the instructions issued by the respondents themselves
that any treatment taken into in an emergent situation from an unapproved
hospital, the reimbursement of medical bills at PGI rate is to be allowed,
hence, the claim of the petitioner is allowed to the extent that the treatment
taken by the petitioner is to be treated as treatment taken into an emergent
situation and the claim of reimbursement of his medical bills be decided in
accordance with the instructions as per the approved rate admissible at
PGI / AIIMS New Delhi.
Let the present order be complied within the period of eight
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weeks from the receipt of copy of this order and the reimbursement amount
for which the petitioner becomes entitled for be released to him within the
further period of four weeks.
Accordingly, the present petition is allowed in above terms.
Pending civil miscellaneous application, if any, stands disposed
of.
(HARSIMRAN SINGH SETHI)
JUDGE
29.04.2024
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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