The court allowed the writ petition regarding denial of medical bill reimbursement for treatment at a private hospital due to a life-threatening condition, directing the government to pay at the applicable government hospital rate.
Directed respondents to reimburse medical bills at the government prescribed rate for similar treatments within two months.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.2110/2009
Sh.Mubarik Ali versus State of Rajasthan & ors
1.5.2012
HON'BLE MR. JUSTICE MN BHANDARI
Mr Sajid Ali – for petitioner
Mr Abdul Rahil Kalam for Mr NA Naqvi, AAG – for respondents BY THE COURT:
With consent of the parties, writ petition is heard
finally.
It is a case where petitioner has been denied reimbursement of medical bills for his treatment in Kota Heart Institute & Research Centre, Kota. The precise reason for denial of reimbursement is that aforesaid is not run by the government and that it is not a recognised hospital, ignoring the fact that petitioner had undertaken surgery under given situation where he was unable to move looking to 80% to 100% blockage in the arteries.
The issue regarding reimbursement of medical bills in
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the given circumstances has already been settled by the Division
Bench of this court holding that one is entitled to reimbursement of medical bills at par with the similar treatment in the government hospital.
Accordingly, writ petition is allowed. Respondents are directed to reimburse medical bills of the petitioner at the rate prescribed by the government for similar treatment in government hospital at the relevant time. Directions aforesaid may be complied with within a period of two months from the date of receipt of copy of this order.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
1 issue framed by the court
Whether the petitioner is entitled to reimbursement of medical bills for treatment at a non-government hospital when he was unable to undergo surgery elsewhere due to severe arterial blockage.
Colour shows how this judgement treated each authority
Division Bench of this courtReferred¶16
Sh. Mubarik Ali
State of Rajasthan
Mn Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
