NINA SINGH Vs. DVB EMPLOYEES TERMINAL BENEFIT FUND

JUDGEMENT

(1.) THE petitioner is the widow of late Shri V.K. Singh, who was working as an Executive Engineer with the erstwhile Delhi Vidyut Board and later became an employee of respondent No.3/BSES Rajdhani Power Limited, on unbundling of Delhi Vidyut Board, and was entitled to medical benefits available to the retired and superannuated employees. The expenses incurred on his medical treatment were required to be reimbursed by respondent No.1/DVB Employees Terminal Benefit Fund. In the night of 7.7.2009, late Shri V.K. Singh who was suffering from various ailments including Coronary Heart Disease, was taken to Max Super Speciality Hospital (for short ,,Max Super Speciality), in emergency condition, and was admitted to ICU of the said hospital. As would be seen from the Discharge Summary dated 18.8.2009 issued by the aforesaid hospital, late Shri V.K. Singh was on dialysis and CAPD since 5.10.2008. He was also hypertensive with known case of CAD and had undergone PTCA (implantation of stent) in the year 2000. He had an episode of VT with hypotension at 4:00 a.m. on 18.8.2009 which was reversed by DC shock and he was sedated on ventilator. He was then transferred under a Cardiologist for further management. On the aforesaid discharge from Max Super Speciality late Shri V.K. Singh was admitted in Max Devki Devi Heard & Vascular Institute,

(2.) , Press Enclave Road, Saket, New Delhi (for short ,,Max Devki Devi), under a cardiologist Dr. Praveen Chandra. Shri V.K. Singh, expired in the aforesaid hospital on 26.8.2009. A perusal of the Discharge Summary issued by Max Devki Devi would show that Shri V.K. Singh was admitted to the said hospital on 18.8.2009 for further management, pursuant to an episode of VT which he had at 4:00 a.m. on that day. 2. The petitioner has been reimbursed for the expenses incurred in Max Devki Devi but no payment has been made to her for the expenses incurred in Max Super Speciality on the ground that the aforesaid hospital was not an empanelled hospital and late Shri V.K. Singh had gone there for routine treatment despite knowing that it was not an empanelled hospital. This is also the case of the respondents in the reply that Max Devki Devi is a hospital different from Max Super Speciality.

(3.) A perusal of the Emergency Certificate filed by the petitioner would show that late Shri V.K. Singh was admitted to the hospital in an emergency condition when he complained to severe breathlessness, restlessness and chest pain. The critical nature of his condition can be gauged from the fact that he remained admitted in the hospital continuously till he expired on 26.8.2009.