IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34448 of 2009(A) -------------------------------------- PETITIONER(S): ---------------------- CHANDRASEKHARA KURUP V.S., CONDUCTOR, PF NO. 51742, PRESENTLY RESIDING AT VADASSERY HOUSE, MARARIKKULAM NORTH P.O., CHERTHALA, ALAPPUZHA. BY ADV. MR.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): ----------------------- 1. KERALA STATE ROAD TRANSPORT CORPORTION, REPRESENTED BY THE MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. DISTRICT TRNSPORT OFFICER, ALAPPUZHA. BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.34448 OF 2009 ............................................ DATED THIS THE 9TH DAY OF DECEMBER, 2009 JUDGMENT The petitioner, an employee of KSRTC filed Ext.P2 application claiming reimbursement of medical expenses. That application is yet to be answered. The petitioner's plea is that he fell sick while on duty in a bus and was taken to Community Health Centre at Thuravur from where he was referred to Medical Trust Hospital and there he underwent surgery which is stated to have made him paralytic. It is stated that he is under continuous treatment and medication. The learned counsel for the KSRTC points out that Government have issued guidelines including list of approved hospitals. It is also a matter to be noted that the Apex Court and this court have laid down different precedents governing the grant of medical Wpc 34448/09 2 reimbursement even when treatment is received by the patient under emergency situation from an unapproved hospital. Taking all facts and circumstances into consideration, it is ordered that Ext.P2 application will be taken up and orders issued within a period of three weeks. If KSRTC is likely to decide on the matter against the petitioner on a ground referable to the fact that he underwent treatment in a private hospital, he will be given notice of that fact and would be given an opportunity of hearing through appropriate representation including in the light of relevant judgments. In such event, a final decision shall be taken within five weeks, therefrom. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/11/12