MURLIDHAR ISHWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) A Pacemaker is a life saving device. It is an implantation in the human body which may have to be carried out in emergency. The question of withdrawing a pacemaker already inserted into the human body before it loses its utility is also fraught with danger.

(3.) The petitioner's wife was operated upon at the Sanjay Gandhi Post Graduate Institute, Lucknow (hereinafter referred to as the 'SGPGI'), a Government hospital, when she was implanted with what is described as a 'dual chamber pacemaker' costing Rs. 1,35,000.00 on 5.12.2001. From annexure-13 to I.A. No. 4867/04 filed by the petitioner on the endorsement made upon his claim it is apparent that initially the entire sum of Rs. 1,51,211.00 was sanctioned after disallowing certain medical expenses with regard to registration, E.C.G. etc. Thereafter the original sanction was struck across and the figure reduced to Rs. 41,211.00.