Denial of full medical reimbursement to the tune of Rs.5,64,421/- is being assailed in this OA.
2. Applicant, a retired FSO from Government of NCT of Delhi, got treatment from DDU Hospital on requirement of a heart surgery and plantation of due chamber pace maker, where an expenditure of Rs.5,64,421/- was estimated. Applicant had undergone procedure in Escorts Heart Institute but he was reimbursed only a sum of Rs.2,65,310/- out of aforesaid amount. He seeks payment of rest of the amount of Rs.2,99,111/-, which has been rebutted by learned counsel for respondents vehemently on the ground that medical reimbursement was paid as per the approval of the Directorate and as per the rules of DHS Rules.
3. On careful consideration of the rival contentions of the parties, it is trite that right to live is a guaranteed fundamental right under Article 21 of the Constitution of India.
4. In the light of decision of Apex Court in Suman Rakheja v. State of Haryana & another, (2004) 13 SCC 563 wherein it is ruled that for a treatment taken in emergency not only AIIMS rates but expenses over and above it have to be reimbursed to the extent of 75%, this OA stands allowed and the respondents are directed to pay 75% of the balance amount of Rs.2,99,111/- to the applicant within a period of two months from the date of receipt of a copy of this order. No costs. ( Shanker Raju ) Member (J) /sunil/