Mysuru:  The Mysuru District Consumer Disputes Redressal Forum has ordered South Western Railways (SWR) to pay a compensation of Rs. 29,593 with 10 percent interest rate to its former employee as medical reimbursement for not treating him at its hospital in Mysuru.

Anantharamu, son of late Krishnoji Rao and a resident of 10th Cross, Hebbal Second Stage in Mysuru was a technician at SWR and is entitled to avail medical benefit and free treatment at the Railway Hospital. He suffered a fracture on his knee when the car in which he was travelling met with an accident on April 29, 2016.

Anantharamu had gone to the SWR Hospital at Mysuru for treatment. The doctors advised him to undergo treatment at K.R. Hospital as there was no medical facility available at the Railway Hospital.

However, shortage of beds and other facilities at K.R. Hospital forced Anantharamu to get admitted to JSS Hospital for treatment. He was discharged from the hospital on May 9, 2016, after surgery and treatment. He incurred Rs. 29,593 as cost for treatment. He submitted relevant documents for reimbursement of medical expenses claims on July 28, 2016.

The SWR repudiated the claims stating that Anantharamu had availed treatment at an unrecognised private hospital. The SWR contended that though the injuries were not an emergency they had referred the patient to K.R. Hospital as there was no specialist doctor available with them. But the complainant availed the treatment at an unrecognised private hospital, without prior permission from them, they contended.

Anantharamu, through Advocate Dinesh Solanki, filed a complaint at the Consumer Forum on Oct. 3, 2017 and claimed treatment expenses of Rs. 29,593 and a compensation of Rs. 60,000 towards mental agony, hardship suffered and Rs. 10,000 towards litigation expenditure with other relief.

Upon issuance of notice, the SWR authorities failed to appear and defend the allegations. However, SWR sent a reply on Nov. 2, 2017 stating that the claim for reimbursement would be considered and admissible amount as per rules would be directly deposited to his bank account subsequent to vetting of claims by their Finance Department.

Hearing the case, the Court observed that after the lapse of more than a year, the Railways assured to reimburse the admissible medical expenses.

“The opposite party (Railways) by rejecting the claims, and later assuring to reimburse the admissible medical expenses duly vetted by their Finance Department, certainly amounts to deficiency in service and has caused mental agony and hardship to the complainant. As such, we opine the Railways is liable to reimburse the entire medical treatment expenses with interest and also liable to pay compensation for the deficiency in service and damages for the mental agony and hardship caused,” the Court observed.

The Consumer Forum, headed by President H.M. Shivakumara Swamy and Member B. M.C. Devakumar, directed it to pay Rs. 29,593 with 10 percent interest per annum from the date of claims made by the complainant to till this date within a month from this order, failing which, SWR must pay penalty of Rs. 100 per day until compliance. It also been directed to pay Rs. 5,000 towards deficiency in service and Rs. 3,000 for mental agony and Rs. 2,000 towards litigation expenses.