Natthuji Karnuji Burande And Another v. Chairman Western Coalfield Ltd., Coal Estate, Nagpur And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2016 OF 2024 Nattthuji Karnuji Burande and another Vs. Chairman, Western Coalfield Limited and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Rahul Waghmare and Mr. Gaurav Dhaye, Advocate for Petitioners Mr. Nachiket Moharil, Advocate for Respondent Nos.1 to 4 CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 4th MARCH, 2025 The only grievance raised in the present petition is non-consideration of the medical bills of the wife of the petitioner on the ground, that she has taken treatment at a non empanelled hospital by the communication dated 22.8.2022 (page 29). Mr. Moharil, learned counsel for the respondents does not dispute, that though in terms of the policy for grant of medical benefit, a person has to be take treatment at the empanelled hospitals, however, in case of emergency, it would be permissible for such a patient to get treated at the non-empanelled hospital. In the instant case, it is not disputed, that the petitioner was an employee of the respondents and, therefore, he along with his wife were entitled for medical reimbursement under the policy. The learned counsel for the petitioner has tendered

2 22-2016-24.odt across the bar an emergency certificate issued by the Intima Heart and Critical Care, dated 03.07.2022, to certify, that the wife of the petitioner had got admitted in the hospital in an emergency for the reasons as indicated therein, which is also the position as indicated from the discharge summary issued by the Hospital on 12.07.2022 (page 42). This being the position, in our considered opinion, even if the policy of the respondents is considered, the medical reimbursement bills of the wife of petitioner cannot be denied consideration. We allow the petition by directing the respondents to process the medical bills submitted by the petitioner and release the same to him within a period of four weeks from today. No costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 04/03/2025 18:33:30