The Delhi High Court has expressed dismay after a petition seeking reimbursement of Rs. 51, 824 for treatment of a minor child was kept pending since 16 years.

The bench of Justice Chandra Dhari Singh noted that “…this Court expresses its deep dismay that as to how a petition seeking reimbursement for only Rs. 51, 824/- has been pending since 16 years, and is being vehemently contested by the GNCTD.”

A plea was filed by the petitioner seeking reimbursement of the medical expenses incurred by the Petitioner for the treatment of his son who was suffering from brain tumour.

The Petitioner, who is a government employee, was not fully reimbursed against the medical expenditure of his son’s ailment.

The case of the Respondents, is that after scrutinizing the bills submitted by the Petitioner for Rs.2,28,429/-, the Petitioner is only entitled for the reimbursement of Rs. 1,82,146/- as per the approved rates.

Advocates Rajat Aneja and Palak Vasisth appeared for the petitioner whereas Avnish Ahlawat, Standing Counsel appeared for Respondent.

The Court held that the Respondents cannot deny the reimbursement of the medical expenses incurred even on the basis that the amount charged by the hospital has exceeded the approved rates.

“The claims in dispute in the instant petition are the claims arising from the bills given by Rajiv Gandhi Cancer Institute and Research Centre for the amount of Rs.2,28,429/-. It is not denied by the Respondents that the Petitioner on his own, did not chose this hospital but he was referred there for the further treatment of his child.”, the Court noted.

Thus the Court held that the Petitioner cannot be faulted or penalised to pay the excess amount that was charged from him when the petitioner in the first instance did not even choose the Hospital but was referred there.

Therefore the Court directed the respondents to fully reimburse the Petitioner to the extent of bills raised by Hospitals, and to release the amount retained in the FDR, along with interest accrued from time to time, deducted from the salary or allowances of the Petitioner.

“The Respondents are directed to fully reimburse the Petitioner to the extent of bills raised by both the Hospitals, and to release the amount retained in the FDR, along with interest accrued from time to time, deducted from the salary or allowances of the Petitioner as soon as possible, but positively within a period of four weeks from the date of this judgment.”, the Court directed.

Cause Title- Mahendra Kumar Verma v. Govt. of NCT of Delhi & Ors

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Delhi High CourtJustice Chandra Dhari Singh

Ashish Shaji