An ESIC empanelled pvt hospital stops dialysis to this poor man from August 01, 2015 as ESIC arbitrarily refuses to give further permission. This man needs dialysis three times a week to survive. Now we have to move Delhi High Court against the ESIC.
Ashok Agarwal, Advocate
Employees State Insurance Corporation,
New Delhi- 110002
Sub: ESIC illegally stops permission for dialysis to poor man endangering his life
Under instructions from and on behalf of my client Sh. Dalip Kumar s/o Sh. Triban Prasad r/o A-529, J.J Camp, Suraj Park, Badli, Delhi-110042, I have to serve you with the following legal notice:
1. That Sh. Chandan Kumar s/o Sh. Dalip Kumar (said client) is registered as an insured person with your corporation under IP No.-2213511265 since 03-Dec-2010. My said client is one of the dependants of Sh. Chandan Kumar and therefore is entitled to all the benefits which are available to a dependent of an insured person under the provisions of Employee State Insurance Act, 1948.
2. That my said client has suffered a total renal failure. He was required to undergo dialysis to survive.
3. That ESIC has referred my said client for Dialysis at its empanelled Bhagwati Hospital on 19-Jul-2012 and since then he was regularly getting dialysis at Bhagwati Hospital till 31.07.2015
4. However, from 01-Aug-2015, The ESIC Hospital, Sector-15, Rohini has arbitrary refused to sanction further Dialysis for my client at the empanelled hospital without assigning any valid reason thereof. Thus, empanelled Bhagwati Hospital has had to discontinue dialysis of my said client. It is submitted that Dialysis is not provided at the ESIC Hospital except to in-patients.
5. Presently, my client is neither able to undergo Dialysis as a dependant of ESIC insured person at the empanelled hospital, nor is he getting routine Dialysis at the ESIC Hospital, Basai Darapur, New Delhi. Resultantly, my client’s life has been endangered, as being a poor man, he is unable to bear the cost of Dialysis Treatment which is essential for his survival.
6. It is submitted that my client is legally entitled to medical cover from your Corporation and arbitrary withdrawal of sanction for treatment amounts to violation of his statutory rights as an dependant of insured person under the ESI Act, 1948 as well as his fundamental Right to Life under Article 21 of the Constitution of India.
You are therefore called upon to forthwith grant sanction for continuation of Dialysis of my said client Sh. Dalip Kumar at the ESIC empanelled Bhagwati hospital without any delay in view of his critical condition, failing which, appropriate further legal proceedings shall be initiated against you at your costs and risks. Please note.
Ashok Agarwal, Advocate