INDIA HEALTHCARE SERVICES (TPA) LTD Vs. K PARAMESHWARI

JUDGEMENT

(1.) This writ appeal has been filed by the appellant / third respondent in the writ petition viz., MD India Health Care Service (TPA) Pvt. Ltd., Chennai, against the order passed by the learned Single Judge of this Court in W.P.(MD).No.5219 of 2015, in which the learned Single Judge directed the appellant and the 2nd and 3rd respondents herein to reimburse the medical expenses pertaining to the first respondent / writ petitioner's husband within a period of eight weeks from the date of receipt of the order.

(2.) The case of the first respondent before the Court below is that due to ill-health, on 30.01.2015 her husband, who is working as Assistant Sec. Officer, Madurai Bench of Madras High Court, Madurai, had initially admitted as inpatient in Vadamalaiyan Hospital, wherein it is found out that the petitioner is suffering small tumor in brain. Then, she discharged her husband from Vadamalaiyan Hospital and took him to "Hannah Joseph Hospital" Madurai, wherein she spent Rs.2,76,866 lakhs towards surgery charge and medical expenses of her husband. As the treatment relating to the said disease is covered under G.O.Ms.No.243, Finance (Salaries) Department, dated 29.06.2012, the first respondent made a claim for reimbursement before the appellant. The third respondent herein sent an e-mail letter dated 14.04.2015 rejecting the request of the first respondent on the ground that the treatment was taken in a non-network hospital. Therefore, the first respondent was constrained to file a writ petition seeking a direction to the appellant and the 2nd and 3rd respondents herein to reimburse Rs. 2,76,866.00 by considering her request dated 04.02.2015.

(3.) The learned Single Judge of this Court, after hearing both sides, based on the order passed by this Court in similar matters, directed the appellant and the 2nd and 3rd respondents to reimburse the medical expenses pertaining to the first respondent's husband. Aggrieved by the same, the appellant/third respondent has come up with this Writ Appeal.