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That the complainant respondent had filed a complaint before the District Forum, Jaipur IInd on 6.10.06 inter alia stating that he had retired from the government service of Govt. of Rajasthan on 30.6.92 and he is the member of Medical Relief Fund and he had got the pensioner diary. It was further stated in the complaint that on 18.3.05 when he was out of station, the condition of his wife Smt. Kamla Devi had become deteriorated and since he was out of station, therefore, the relatives had taken his wife to the nearest Jaipuria Hospital, Jaipur where Dr. Kailash Vijay had seen her and he had referred the case to the SMS Hospital, Jaipur in Cardiology Deptt. and thereafter she was taken to the SMS Hospital, Jaipur and on the same day i.e. 18.3.05 it was told that on friday there was no OPD of Cardiology and since the condition of Kamla Devi was not good, therefore she was taken to the Santokba Durlabhji Memorial Hospital (SDMH)Jaipur where she was admitted in the ICU and she remained admitted in that hospital forthe period 18.3.05 to 25.3.05 and on 22.3.05 the Pace Maker was implanted in her heart and thereafter she was discharged on 25.3.05 and in getting the treatment in that hospital a sum of Rs.88,174.82 were incurred. Thereafter bills were submitted for reimbursement but the appellant no.2 had repudiated the claim of the complainant respondent through letter dated 5.5.05 Anx. 30 in the following manner-

7. When this being the position, it could be easily held that on friday i.e. 18.3.05 there was no cardiology OPD in the SMS Hospital and thus the case of the appellant that there was OPD of cardiology in the SMS Hospital, Jaipur on 18.3.05 stands rejected.

8. It may be stated here that the fact that Pace Maker was implanted in the heart of the wife of the complainant respondent in Santokba Durlabhji Memorial Hospital, Jaipur further reveals that the condition of Smt. Kamla Devi was serious one and that is why she had been remained admitted in that hospital for the period 18.3.05 to 25.3.05.

9. Further from Anx. 5, a certificate dated 30.3.05 issued by Dr. Subhash C. Kala, the treating doctor of Kamla Devi, it is very much clear that her condition was not improved even after giving the drug treatment and therefore, Pace Maker was implanted in the interest of the life of the patient immediately on 22.3.05 as delay might have caused an adverse effect to her life and from that certificate the fact that implantation of Pace Maker in the heart of Smt. Kamla Devi, the wife of the complainant respondent was must is also clear and if for the treatment she was being taken to the private hospital, that would mean that the case of the wife of the complainant respondent was an emergency case.