Skip to main content

Treatment in approved hospital not a must for mediclaim: Madras HC

The Madras high court has directed the state agricultural marketing and agricultural business department to reimburse the medical expenses incurred by a retired government employee for his heart surgery.

The Madurai bench of the court ordered the director of the department to make the payout after considering the plea of one N Chidambaram. He approached the high court after his insurance claim under the Tamil Nadu Government Employees Health Fund Scheme was rejected by the authorities on the ground that the hospital where he underwent surgery was not in the list of approved hospitals mentioned in the government order.

Chidambaram underwent angioplasty and other coronary procedures in a private hospital in 2009. His medical reimbursement amounted to Rs 1.94 lakh.

Chidambaram's writ petition was heard by Justice M M Sundresh who passed orders favouring him. In his order, the judge said that the petitioner's counsel A Haja Mohideen rightly pointed out that the right to medical claim could not be denied merely because the name of the hospital was not included in the government order.

The judge recalled an earlier court observation in another case while delivering his order. When a person is struggling for life his family members won't be searching for a recognised hospital for future medical reimbursement, he said.

Article referred:http://articles.timesofindia.indiatimes.com/2014-02-14/madurai/47335377_1_medical-claim-heart-surgery-madras-high-court

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.