AUTHORITY UNDER YESHASHWINI WIMA YOJNA Vs. SHAHINBANU

JUDGEMENT

(1.) Revision Petition Nos.1172/2007 and 1173/07 have been filed by the same Petitioner i.e. The Authority under Yeshashwini Wima Yojana [Arogya Wima Yojana(Insurance)] being aggrieved by the single order of the State Consumer Disputes Redressal Commission, Karnataka (hereinafter referred to as the 'State Commission') dismissing their Appeal Nos.1378/05 and 1379/05. In both cases, Respondents and certain facts pertaining to their medical treatment are different, but since the Petitioner is the same and the grounds on which the claims were rejected are also similar, these revision petitions are being disposed of by a single order taking into account the facts in Revision Petition No.1172 of 2007.

(2.) Petitioner challenged the above contentions. According to the Petitioner, taking in view the inadequate existing arrangements for medical care and treatment of farmers, the Government of Karnataka floated a Scheme to ensure that all beneficiaries under the Scheme could avail medical treatment including surgical treatment from a network of hospitals and nursing homes including super-specialty hospitals, the procedure etc. for which was incorporated in the Scheme. The hospitals designated under the Scheme were selected and notified and special rates arranged with them to ensure cashless transactions for treatment to beneficiaries under the Scheme. In the instant case, the Respondent did not follow the procedure in availng medical treatment from any of the network hospitals authorized under the Scheme and, therefore, her claim was rightly rejected.

(3.) The District Forum after hearing the parties and considering the evidence on record dismissed the complaint. The operative part of the order of the District Forum reads as follows: