State appealed against concurrent judgments allowing medical reimbursement claims under suits for declaration. The High Court found both Courts below had considered every bill and documentary proof favouring the respondent, found no infirmity, and dismissed both appeals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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101 RSA-1623-2004 (O&M) Date of Decision :03.10.2024 State of Punjab ....Appellant
Versus
Rajpal Singh a n d Another ....Respondents
RSA-1624-2004 (O&M) Date of Decision : 03.10.2024
State of Punjab ....Appellant
Versus
Rajpal Singh a n d Another ....Respondents
CORAM : HON’BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: M r .Maninder Singh, Sr. DAG, Pu nj ab for the appellant(s).
M s . Nishita Garg, Advocate and M r. Adish Jain, Advocate for the respondents.
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SUDEEPTI SHARMA, J.
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“The plaintiff Pyara Singh h as filed the present suit against the defendants for declaration t o the effect that plaintiff is enti t led to recover an amount of R u pees four lacs on account of reimbursement of his medica l bills and expenses for treatm e nt, diet, transport and attendant charges etc. alongwith interest at the rate of 24% per annum f rom the date of submitting the bill till realisation with cons e quential relief in the shape of mandatory injunction dire c ting the defendants to make the payment of abovesaid amo u nt of Rupees 4,00,000/- along w ith interest at the rate of 2 4 % per annum from the date of submitting the medical bills and other bills till its realisat i on. The plaintiff has alleged t h at he was working as Office r in Punjab Govt. and was post e d as Soil Testing Officer in Pu nj ab Agriculture Department a t Faridkot as regular perma n ent employee and he has retir e d from his service on 31-7-1 9 99 (Afternoon). The plaintiff ha s further alleged that he is suffe r ing from a very serious diseas e of Rheumatic Heart Disease a nd right side effusion, Fost M VR infective Hepatitis, Right s ide Stockes and Multi Cl.right side etc. The plaintiff has fur t her alleged that he had to get himself treated for the above s aid
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diseases from expert Doct o rs/Institutions from Amritsar a nd Delhi, for which he had to sp end more than Rupees Four L acs upon it and he has further alleged that he is entitled for the reimbursement of the entire amount of medical expenses a nd other expenses for treatm e nt, diet, transport and atten d ant charges etc. incurred by hi m on his treatment for the afore s aid diseases at ‘Ram Saran D ass Charitable Trust Hospi t al’, Amritsar and at ‘Escort He a rt Institute and Research Cen t re’, New Delhi and at Faridkot e tc. The plaintiff has further alle g ed that the expenses incurred b y him have come to about Ru p ees four lacs and for this purpo s e the detailed medical bills for the re-imbursement had been s u bmitted to the Punjab Agricult u ral Department and Annexure 'A ' of the said bill is attached w ith the plaint. The plaintiff ha s further alleged that he has a lso been given ex-post facto sanction by the Civil Surg e on, Faridkot for his treatmen t taken and the plaintiff got his treatment for the aforesaid diseases during his service pe r iod i.e. before his retirement. T h e plaintiff has further alleged t hat defendants have not made t he re-imbursement of the med i cal bills and other expenses w orth Rupees to lacs to which the plaintiff is fully entitled an d the defendants have withheld the re-imbursement without an y reasons. The plaintiff has fur t her
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alleged that he requested t h e defendants for so many time s to make the re-imbursement o f medical bills submitted by the plaintiff through representa t ions but to no effect. The plai n tiff has further alleged that noti c e under section 80 C.P.C. was a lso served upon the defendant s with a request to make the reimbursement of medical bill s , but it was of no effect, which has given rise to the cause of a c tion. Therefore, civil suit was fi led by the plaintiff/respondent.”
1. Whether the pl a intiff is entitled to the declara t ion as prayed for?OPP.
2. Relief.”
4. Th e reply was filed by the appell a nt-State of Punjab to the same a nd the learned tria l Court after hearing both the p a rties and considering the evidence and documents on record partly allowed the su i t of the respondent. Since suit w as partly decreed a nd the respondent/plaintiff was held entitled to recover the am o unt of Rs.1,12,784.20p alongwith interest at the r ate of 10 % per annum from the institution of t h e suit, till its realization. Th e refore, both the appellant-Stat e of Punjab and res p ondents filed an appeal agai n st the judgment and decree d a ted 26.08.2002. T h e appellant/State challenged t he decree on the ground that the respondent was not entitled to medical reimb u rsement and for dismissing of the suit of the resp o ndent whereas the respondent c hallenged the judgment and de c ree AMIT KAUNDAL 2024.10.22 18:19 I attest to the accuracy and integrity of this document Chandigarh
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dated 26.08.20 0 2 passed by the learned Additi o nal Civil Judge (Senior Divisi o n), Faridkot before the First Appellate Authority o n the ground that the suit was not decreed in toto. The appeals were decided in fa v our of the respondent/plaintiff and against the Stat e of Punjab. Hence the present a ppeals.
SUBMISSIONS OF THE COUNSELS FOR THE PARTIES
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Rs.10% per annum from th e date of institution of the suit till realization. It is argued that from the evidence available on f ile and the pleadings of the re s pondents-defendants, it is evi d ent that the predecessor-in-inte r est of appellant filed the suit for the recovery of Rs. 4,00,000/- o n account of reimbursement o f his medical bills, expenses f o r treatment diet, transport a nd attendant etc. alongwith int e rest at the rate of 24% per ann u m. It is argued that the defe n dants-respondents in the wri t ten statement in para No. 3 on m erits has pleaded that the plai n tiff did not submit the bills of R s.4,00,000/-. It is further plea d ed that he has submitted the m edical bills of Rs.3, 20,019/-o n ly. Medical bills worth Rs.2,78,339.22 paise were verified by C ivil Surgeon, Faridkot and se n t to Director, Health & Fa m ily Welfare Punjab, Chandigar h for scrutiny. It is argued that the learned trial court has only g ranted the relief with regard to the medical bills worth Rs.2,78 , 399-22 paise but the learned t r ial court has not granted the relief of Rs.3,20,019/-. It is a lso argued that there is no e v idence on behalf of responde n tsdefendants that as to why t h e remaining amount has not been sanctioned for payment to t he appellant or their predeces s orin-interest. It is further arg u ed that the predecessor-in-inte r est of appellant have placed o n record the details of the clai m of
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medical bills which is Ex.P 9 7. Item No.1 to item No.8 are w ith regard to the expenses spe n t on the treatment of Piara Si n gh and if the amount of thes e items from serial No.1 to 8 are calculated then it comes t o Rs.3,20,019/- and no reason has been given by the learned t rial court as to why the clai m of Piara Singh has been rej e cted with regard to the balance amount from Rs.3,20,019/- a nd has been adjudged Rs.2,78, 3 3922 paise. It is pointed o u t that the appellant-plaintiff has examined (PW5) Dalip S ingh. Senior Assistant who is Departmental witness and this witness has also specific a lly given the details of the b ills received from Piara Si n gh deceased for medical reim b ursement. PW.2 Vijender Go g na Senior Manager Finance E s cort Heart Institution & Rese a rch Centre Delhi has proved d ocuments Ex.P1 to Ex.P85. It is further pointed out that res p ondents-defendants have exami n ed Preet Mohinder Singh, Chi ef Agricultural Officer as DW1 a nd this witness has also admit t ed in his examination-in-chief t hat medical bills amounting to Rs.3,20,019/- were received f r om Piara Singh deceased and o ut of which bill for Rs.2,78,33 9 -22 paise was attested by Civil S urgeon, Faridkot. It is argued t hat this witness has not given a ny reason as to why the bill for remaining amount has no t been passed. This witness has
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further stated that the sanct i on for an amount of Rs.1,46,9 9 7/were received from Di r ector Health Service, Pun j ab, Chandigarh and another s a nction for Rs.18,558/- were a lso received from the Directo r Health Services vide Ex.D1 to Ex.D3 and the payment o f the amount of Rs.1,65,555/- w as made to Piara Singh dec e ased. It is thus, argued that the learned trial court has not a ppreciated the evidence avail a ble on file and has not granted the relief of the remaining amo u nt. So, the findings of the learn e d trial court to this effect are li a ble to be set aside and the appe l lant-plaintiff is entitled to the r e lief of Rs.3,20,019/-.
10. It is further argued that the learned trial Court has granted interest from the d ate of institution of the suit till realization and that too at t h e rate of Rs.10/-% per annum. I t is argued that the appellant is e ntitled to the interest from the d ate of submission of the bills til l realization at the rate of 24% p er annum. It is argued that th e Hon’ble High Court has held t hat reimbursement of amount of treatment cannot be decli n ed because the patient cannot be deprived of his re-imburse m ent because failed to obtain cert i ficate. In support of his content i on, learned counsel for the a pp ellant has relied upon 1999 (4)
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RSJ634 Smt.SudershanVersus State of Haryana and ot h ers wherein it was held as unde r :-
"Constitution o f India, Articles 226 and 2 27Medical reimbursement-Hu s band of petitioner suffering f r om ailment of renal failure- Ex amined at PGI, MS Rohtak a nd referred to AIIMS for treatment as dialysis facility not avail a ble there- AIIMS referred him to some other centre in vie w of paucity of the space in A II MS for regular dial dialysis- T he patient got treatment from S i r Ganga Ram Hospital New D e lhiReimbursement of the amou n t of treatment declined-Plea taken that Sir Ganga Ram Ho s pital not a recognised med i cal institution of State of Harya n a. The State require the patient to obtain no objection certific a te from AIIMS and its liabilit y to give treatment to the patient - It cannot deprive the patient o f his re-imbursement-The respon d ents directed to make the pay m ent of the bills submitted by the p etitioner or her husband."
It is argued that the Hon'ble Punjab & Haryana H igh Court has granted interest at the rate of 12% per annum . In support of his contention, le a rned counsel for the appellant has relied upon 1995(2) Recent S ervices Judgments 307 Tara Si n gh Cheema Versus State of Pun j ab wherein it was held as unde r :-
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"Constitution of In d ia, Article 14-Punjab Serv i ces (Medical Attendance) R ules 1940, Rule 7-Med i cal reimbursement-Claim not d ecided for 13 years- Direct i ons issued to reimburse the amo u nt with Compound interest 12 % ." 11. On the other hand, l e arned Govt. Pleader on behal f of respondent-Punjab State ha s argued that the learned trial c o urt has erred in decreeing t h e suit of the appellant-plai n tiff granting the appellant the amount more than the amoun t of Rs.1,65,555/- which was sa n ctioned by the Director Health a nd Family Welfare Punjab, C h andigarh. It is argued that P i ara Singh was not entitled to th e amount more than the am o unt which has been paid to him. The learned trial court has erre d in passing the decree for the r ecovery of Rs.2,78,339-20 pais e in all and for balance amount of Rs.1,12,784-20 paise. I t is argued that the appellant w a s not entitled to any other am o unt which has already been aw a rded or sanctioned by the Pu nj ab Govt. It is further argued t h at the learned trial court has a lso awarded interest at the rate of Rs.10% per annum which is a lso on the higher side and th e appellant is not entitled to the interest because there is no delay on the part of the Government. As and when t h e Sanction has been received, the payment has been made to t he appellant. It is thus argued t hat
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the findings of the learned trial court on this issue are a lso liable to be set aside.
12. I have considered the above submissions made on be h alf of both the parties and have also gone through the evidenc e on file. Admittedly, deceased P iara Singh had submitted the reimbursement bills amountin g to Rs.3,20,019/-. The respond e ntPunjab Govt. has sanctio n ed the bill for Rs.1,46,997/as approved by the Director H ealth and Family Welfare Pun j ab, Chandigarh and another bi l l for Rs.18,558/- out of the above said amount of the bills. I n all, the Punjab Government has passed the bill for Rs.1,65, 5 55/- out of the bills submitte d by Piara Singh deceased for Rs . 3,20,019/-. However, the argu m ent of the learned Govt. Plead e r is tenable that Piara Singh has submitted the bills claimi n g the expenses of attendant for staying in Delhi and tra n sport charges from Faridkot to Amritsar and back from A m ritsar to Faridkot as mentione d in Ex.P97 from serial No.9 to serial No.13. No reason has been given by the Punjab State o r any of the witnesses that as to w hy the claim of Piara Singh de c eased has been decreased from the amount of Rs.3,20,019/to Rs.165555/-. The amount of Rs.3,20,019/- is shown as s p ent on treatment in Ex.P97 in the item from serial No.1 to s e rial No.8. Learned trial court has
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held that the plaintiff has p u rchased these medicines accor d ing to the rates as stated in th e bills and it is also establishe d on record and admitted by the r espondents that the medicines w ere purchased. It is also observ e d by the learned trial court that the respondents-defendants hav e not been able to show that a s to how they have reduced the rates and amount of the bills d uly proved, by the appellant-pl a intiff. The learned trial court has not calculated the amount o f item from serial No.1 to se r ial No.8 shown in Ex.P9 which c omes to Rs.3,20,019/-. It has taken the amount as Rs.2,78,339 / -. There is a clerical mistak e in calculating this amount. Th e actual amount for these items for purchase of medicines is sh o wn in the bills Ex.P10 to Ex. P 15, Ex.P17, Ex.P22 to Ex.P26 and the bills proved by PW2 are Ex.P18, Ex.P29, Ex.P31, E x.P33, Ex.P35, Ex.P37, Ex. P 39, Ex.P41, Ex.P43, Ex.P45, E x.P47, Ex.P49, Ex.P51, Ex. P 53, Ex.P55, Ex P57, Ex.P59, E x .P61 and Ex.P63. These bills have been authenticated by the hospital vide documents Ex. P 19, Ex.P20, Ex.P32, Ex.P34, E x.P28, Ex. P36, Ex.P38, Ex. P 40, Ex.P42, Ex.P44 Ex.P48, E x.P50, Ex.P52, Ex.P54, Ex. P 56, Ex.P58, Ex.P62 and Ex.P6 4 . Similarly, PW 3 Gardyal M e hta Manager, Ram Saran Da s s Koshori Lal Charitable T r ust Hospital Amritsar has prov e d the receipts and bills Ex.P6 6 to
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Ex.P79 and also Ex.P80 to E x.P82. Thus all the bills have been proved. The respondents- d efendants Punjab State has not shown as to how the a mount has been reduced f r om Rs.3,00,019/- toRs.1,65,555 / -. It has not been shown as to w hy this amount was reduced o r that any excess amount has been claimed. No evidence has been led by the Punjab St a teRespondents that any exc e ss amount was claimed by the appellant or that any such item has been claimed in the bill which was not reimbursabl e . Only the amount which has been claimed by the plaintiff as expenses for stay of the atten d ant were not be granted to the p laintiff and these are mentione d at serial No.9 to serial No.13 i n Ex.P97. I, therefore, hold that the appellant is entitled to reco v er an amount of Rs.3,20,019/- a nd not only Rs.1,65,555/- whic h has been awarded by the Pu nj ab State- respondents or held by the trial court to the tun e of Rs.2,78,339/-. I, therefore, h old that the findings of the lear n ed trial court on this issue are t o be set aside to this effect and the appellant is entitled to the declaration that the appellant is entitled to recover an am o unt of Rs.1,34,664/- because the amount of Rs.1,65,555/- ha s already been paid on account of re-imbursement of medical b ills and treatment of Piara Si n gh, as making the total of reimb u rsement of Rs.3,20,019/- in all.
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13. However, I find no m e rit in the argument of the lear n ed counsel for the appellant that the appellant is entitle d to interest from the date of s u bmissions of the bills because the bills are to be scrutinized a n d the sanction is to be accorde d by the Director Health and Fa m ily Welfare, Punjab, Chandig a rh. The reasonable timehas been taken by the departm e nt. Moreover the court is to g i ve interest from date of filing the suit. The rate of interest is also adequate. Earlier the rat e of interest of the Banks was o n the higher side. The learned t r ial court has rightly held tha t the appellant is entitled to the interest at the rate of Rs. 1 0% per annum from the dat e of institution of the suit till re a lization. With this modificatio n on this issue, the findings of the learned trial court are affirme d . 14. No other point has b e en raised before me at the tim e of arguments.
15. In view of my above d etailed discussion, the appeal fi led by L.Rs of Piara Singh (wh o is now deceased) stands acce p ted and he is held entitled to r e cover an amount of Rs.1,34,4 6 4/because the amount of Rs. 1 6,555/- has already been pai d on account of reimbursement o f medical bills and treatmen t of Piara Singh deceased. How e ver, the appeal filed Punjab S t ate fails and the same is hereb y dismissed. The parties are le f t to
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bear their own costs in b o th the appeals. Decree sheets be prepared separately in b o th the appeals. A copy of this judgment be placed on the appeal file titled Punjab State Vs. Piara Singh. Lower court r ecord be returned. Appeal fil e be consigned to the record roo m .”
CONCLUSION:-
October 3, 202 4 (SUDEEPTI SHARMA) A.Kaundal JUDGE
Whether s peaking/non-speaking : Speaki n g Whether r eportable : Yes/No
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1 issue framed by the court
Whether the Courts below erred in allowing medical reimbursement claims of the respondent against the State of Punjab?
State of Punjab
Rajpal Singh
Rajpal Singh and Another
Sudeepti Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
