Summary: The Delhi High Court decided in favor of Kamal Kishore, ordering the Union of India to pay him back for medical expenses from an emergency COVID-19 treatment at a hospital not on the government's approved list.
Kamal Kishore, a retired government worker, had to go to U.K. Nursing Home because of a COVID-19 emergency when no beds were available in hospitals approved by the government. Even though he spent ₹7,20,911, the government only paid him back ₹4,38,805.
The Central Administrative Tribunal had earlier decided in favor of Kamal Kishore, telling the government to pay the remaining ₹2,82,111 with interest. Judges Madhu Jain and Navin Chawla agreed with this decision.
"The right to claim medical expenses cannot be denied just because the hospital is not on the government's list."
The Union of India argued that payback was limited to government rates and that U.K. Nursing Home was not on the approved list. They also said the hospital charged more than the set rates.
The court highlighted the importance of medical care during emergencies, mentioning several Supreme Court decisions. They stated that technical details should not stop a person from getting life-saving treatment.
"Saving human life is most important. The State has to make sure people get medical treatment on time."
The court rejected the Union of India's argument, confirming the Tribunal's order. It told the government to pay the remaining amount with 6% interest within eight weeks.
The court ordered the government to fully reimburse Kamal Kishore for his emergency medical expenses, showing that emergencies should be prioritized over administrative rules.
This case shows how important it is to balance healthcare rights and government procedures, making sure emergencies come before red tape.
