YOGENDRA KUMAR SHARMA Vs. STATEOF RAJASTHAN

JUDGEMENT

(1.) PETITIONER while working as Medical officer in Ayurveda Hospital, Kasar, Jhalawar road, Kota sustained burn injuries due the acid having been thrown by one Ranjit Harijan on 05/11/04, thereby resulting into 50% burns on his back of head, neck, back and feet besides on some portions of his chest and hands.

(2.) AS alleged, in course of aforesaid incident of acid-throw, his condition became deteriorated so he was admitted in Emergency Ward of MBS Government Hospital, Kota but was referred to SMS Hospital, Jaipur where his relatives got him admitted on 06/11/04 where he remained indoor patient and got medical treatment but was discharged on 11/11/04 due to having no recovery of healing to burn injuries and therefore, was taken back to Kota and he was admitted in Alok hospital, (Burn, Cosmetic and Plastic Surgery centre), Kota on 14/11/04 in course whereof got medical treatment till discharge on 02/02/05 as is evident from discharge certificate dt. 02/02/05 (Ann. 2); in all incurred expenses of Rs. 1,76,330/-for which he raised claim of reimbursement as is evident from his applications (Ann. 5, 6 and 10), but his medical bills were returned vide letter dt. 30/11/06 (Ann. 8) and his claim of reimbursement was rejected vide letter dt. 12/01/07 (Ann. 7) on the premise that the patient undertook treatment in private Hospital (supra) which is not recognized and approved by government. Against which detailed application dt. 23/03/07 (Ann. 10) was also sent and thereafter approached this Court by way of instant petition.

(3.) COUNSEL for petitioner submits that there was an emergency and critical condition of petitioner and as per diagnosis report, he was subjected to emergency requiring surgical operation at the earliest possible, in such circumstance, it was decided to get him admitted in Alok Hospital Kota, where he got surgically operated for his ailment of burn injuries as is evident from hospitals' documents (Ann. 2, 3, 4 and 6) incurring expenses of Rs. 1,76,322/-as per medical bills submitted to respondents vide documents (Ann. 5, 6 and 10); as such in light of rule 12 of Rules, 1970, medical bills are required to be reimbursed in his favour. In support, Counsel placed reliance upon decision of this Court in State of Rajasthan Vs. Surendra K. Kalra (Special Appeal (Writ)-1276/06 decided on 17/01/08) (2008 (2) WLC 430 ).