Delhi High Court, in Seema Mehta vs. GNCT of Delhi & Ors. [W.P.(C) 10708/2019 and CM APPL.46118/2022], ruled that an employee could not be denied medical reimbursement if they could not approach an empaneled hospital in a state of emergency. The employee had suffered severe injuries and was referred to a hospital not empaneled under the health scheme opted by the employer. The court referred to Shiva Kant Jha vs. Union of India [(2018) 16 SCC 187], holding that the survival of the employee was of prime consideration and denial of timely medical treatment would violate Article 21 of the Constitution of India. Hence, the court allowed the writ petition, directing the school authorities to disburse the amount claimed.
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