Legal heirs can claim reimbursement if govt employee dies during treatment: Allahabad HC
Lucknow (PTI): The Lucknow bench of Allahabad High Court on Saturday said that if a government employee or pensioner dies during treatment or becomes incapable of making a claim, his legal heirs can also claim reimbursement of medical expenses.
The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai passed the verdict on the petition of Chandra Choor Singh.
The petitioner's father was a retired deputy registrar. He was treated at private hospitals in Lucknow, where he passed away during treatment. The petitioner applied for reimbursement of medical expenses, but the department rejected the claim, stating that only the "beneficiary" can make a claim under the rules.
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The state government argued that under the Uttar Pradesh Government Servants (Medical Attendance) Rules, 2011, a claim can only be made by a beneficiary, and the petitioner did not fall within this category. It also cited the limit of Rs 5,000 set out in the succession certificate submitted by the petitioner.
The court rejected this argument of the state government, stating that the provisions of Rule 16 of the Rules, 2011, were arbitrary and violated Article 14 of the Constitution. The court held that if a beneficiary dies or becomes incapable of making a claim, his or her legal heirs cannot be deprived of this right.
Applying the principle of "reading down", the Court directed that Rule 16 be interpreted to include legal heirs, especially when there is no other eligible beneficiary.
The court also clarified that if there is no dispute about being an heir, it is not appropriate to reject the claim merely on technical grounds.
Ultimately, the court directed the concerned authority to reconsider the petitioner's claim and take a decision within two months, and if the claim is found to be correct, payment should be ensured within one month.
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BITS Pilani student killed, another injured as motorcycle collides with oil tanker in South Goa
Panaji (PTI): A 26-year-old student of BITS Pilani was killed, and another suffered grievous injuries after their motorcycle collided with an oil tanker in South Goa, police said on Sunday.
The accident occurred around 5.15 pm on Saturday near a junction at Upasnagar in the Zuari Nagar area, an official said.
He said that the tanker was heading towards Vasco town from Upasnagar when the driver, Pedro Ivo Medeira (66), allegedly took a right turn to enter another lane without ensuring the safety of the oncoming traffic.
The victim, Karan Narasimha Murthy, who was riding towards Verna from the BITS Pilani campus, crashed into the rear left side of the tanker.
Murthy and his friend, Soham Adhikari (26), another student of BITS Pilani, suffered grievous injuries and were rushed to a hospital, where the former succumbed to his injuries.
Adhikari is undergoing treatment at the Goa Medical College and Hospital in Bambolim, the official said, adding that the tanker driver was arrested and later released on bail.
