Sanjay Rana vs Dept Of Health Haryana And Ors on 2 March, 2020
From the above, it is evident that the petitioner was suffering
from decompensated liver disease and required liver transplant. It is also not
disputed that it was a case of emergency. The petitioner cannot be blamed
for getting his liver transplant at the Bombay Hospital, Indore, where the
liver was made available to him in pursuance to his application to the
various hospitals including Bombay Hospital, Indore, as per the Notification
of the Ministry of Health and Family Welfare, dated 27.03.2014. In such
circumstances, the respondents cannot reject claim of reimbursement solely
on the ground that the hospital, where he was treated, was not empanelled in
the Government order. In such cases, all that the authorities are required to
ensure is that the treatment was now actually undertaken by the claimant and
the said treatment is duly supported by the record. The respondents do not
dispute the fact that the petitioner did undergo treatment at the Bombay
Hospital at Indore. The Division Bench of this Court in the case of Ram
Pal vs Central Administrative Tribunal and others, 2019(1) SCT 763
pleased to hold in almost similar set of circumstances by taking into
consideration the judgments rendered in the case of Shiva Kant Jha vs
Union of India, 2018(2) SCT 529: AIR 2018 SC 1975 as under:-