High CourtsDivision Bench(2008) 09 P&H CK 0014

Kundan Lal vs Haryana Vidyut Parasaran Nigam Ltd.

Punjab And Haryana At Chandigarh · Decided on 23 September 2008 · Citation: (2009) 153 PLR 31 : (2009) 5 SLR 362

HON’BLE JUDGES
Rakesh Kumar Garg, J · M.M. Kumar, J
RESULT
Allowed

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Judgment

20 paragraphs · 390 words

M.M. Kumar, J.—Costs of Rs. 5,000/- have been paid in the Court.

2.

The petitioner has approached this Court with a prayer for reimbursement of medical expenses relating to the treatment availed by him for a

chronic disease known as Carcinoma Splenic Flexure. The petitioner underwent a composite treatment of surgery, followed by Radiotherapy and

then Chemotherapy. On presentation of medical bills, the respondent has approved and reimbursed the medical expenses with regard to indoor

treatment which included the bills of surgery as well as Radiotherapy. The claim made by the petitioner regarding the expenses incurred on the

treatment of Chemotherapy has been rejected on the ground that the Chemotherapy is a treatment administered in the OPD. The stand taken by

the respondents in the written statement is that the petitioner is availing fixed medical allowance and therefore, the treatment availed by him is not

admissible because it was obtained in OPD.

3.

Having heard the learned Counsel, we are of the considered view that the treatment of the disease, namely, Carcinoma Splenic Flexure has to

be treated under a composite scheme which commenced with the surgery and then Radiotherapy followed by Chemotherapy. Neither of these can

be separated from each other as all the three dovetail each other although the treatment of Chemotherapy is given outdoor and therefore, merely

on that basis the claim made by the petitioner could not have been rejected. We fail to understand as to how the medical bills with regard to

Chemotherapy has been rejected once it is a part of the integrated treatment. Therefore, the writ petition deserves to be allowed.

4.

Mr. Raman Sharma, learned Counsel for the petitioner has submitted that the expenses incurred in respect of Chemotherapy were reflected in

the medical bills which were submitted but the bills after processing have been returned to him. He further states that the bills have already been

verified and he may be permitted to resubmit the bills within one week.

5.

In view of the above the writ petition is allowed.

6.

The petitioner shall re-submit the verified bills within one week and the respondent shall make payment within two weeks thereafter. It is made

clear that no further addition in the bill is to be made. Further bill, if any, may be submitted a per rules.

Sd/- Rakesh Kumar Garg, J.