PRAMILA TAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Briefly stated facts of the case are that the petitioner's husband was admitted in Krishna Super Speciality Hospital, Jodhpur due to severe chest pain. The treating doctors looking at the severity of case, referred him to Apollo Hospital, Ahmedabad, where he passed away on 8/9/2015 while taking treatment.

(2.) The petitioner applied for reimbursement of medical bills before the respondent-authorities amounting toRs.9,80,992/-. The bills were returned with an assertion that the petitioner's husband availed treatment in a non-empanelled hospital and has also not annexed the certificate of the treating doctor, showcasing emergent situation for availing treatment in a non-empanelled/private hospital.

(3.) Learned counsel for the petitioner submitted that petitioner's husband had been taken to a private hospital due to emergent circumstances therefore, reimbursement cannot be rejected solely on the ground that the hospital was not an empanelled one or the certificate of treating doctors justifying emergency for availing treatment was not annexed. Reliance was placed on a judgment of this Court in the case of Raghuveer Sharma v. State of Rajasthan and Ors. reported in (2007 WLC (Raj.) UC 516, in which it was held as under:-