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
04.08.2015
To,
The Director,
Employees State Insurance Corporation,
ESIC Headquarters,
Panchdeep Bhawan,
Kotla Road,
New Delhi- 110002
04.08.2015
Sub: ESIC
illegally stops permission for dialysis to poor man endangering his life
Dear Sir,
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.
With regards
Ashok Agarwal, Advocate
M: 9811101923
Tel. 011-23070026
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