IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

205 RSA-2140-2015 (O&M)

DATE OF DECISION: 08.07.2025 GENERAL MANAGER, HARYANA ROADWAYS, FARIDABAD AND ANR ...APPELLANTS VERSUS RICHPAL SINGH ... RESPONDENT CORAM:HON’BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. B.S.Virk, Sr. DAG, Haryana.

None for the Respondent *****

SANDEEP MOUDGIL, J (ORAL)

1. The regular second appeal preferred before this Court is against the judgment and decree of the Additional District Judge, Gurgaon, in Civil Appeal No. 141 of 19.09.20214 decided on 12.01.2015 wherein it was held that Respondent is entitled for his medical reimbursement bill to the tune of Rs. 2,20,000/- along with interest at 9% per annum.

2. The factual backdrop leading to the present case can be read as respondent was working as a driver and retired from the office of Haryana Roadways Faridabad and he also served in the office of GM Roadways Gurgaon. While in service, he was issued identity card of Public Service Medical Attendance Rule 1940 bearing no. 218 dated 03.01.2006 and he was covered under Medical coverage for his life. The respondent suddenly got admitted at Paras Hospital, Gurgaon in emergency wherein Emergency certificate was also issued. He remained in the hospital w.e.f 22.11.2010 to 03.12.2010 and spent a sum of Rs. 2,20,000/- which was paid by him and when he applied for reimbursement for the same, it was rejected despite attaching with the bill the emergency certificate issued by the hospital. Legal Notice under section 80 dated 21.09.2011 was issued but no amount was paid, hence suit was filed by the respondent in the court of Civil Judge (Junior Division), Gurgaon on 24.05.2012. 3. Notice of the suit was given to the appellants to file the written statement who categorically submitted that the respondent remained admitted in the hospital for the period w.e.f. 22.11.2010 to 3.12.2020 and claimed the bill to the tune of Rs.2,20,000/- for the reimbursement but Paras Hospital was not on the panel of Haryana Government approved hospitals and indeed the said hospital was approved for the period w.e.f. 22.05.2011 onwards.

4. From the pleadings of the parties, following issues were framed by the trial court on 29.1.2014:

1. Whether the plaintiff is entitled to the relief of declaration as prayed for? OPP

2. Whether the present court is having jurisdiction to try and entertain the present suit? OPD

3. Whether the suit is barred by rule of res judicate u/s 11 of the CPC 1908? OPD

4. Relief.

5. The trial Court observed that since Paras Hospital has been brought on Government Panel w.e.f 22.05.2011 with prospective effect and the order has not been given retrospective effect and while the respondent/plaintiff was admitted in the said hospital from 22.11.2010 to 03.12.2010 and the emergency certificate was issued on 03.12.2010 when Paras Hospital was not on government panel therefore, emergency certificate issued by Paras Hospital cannot be relied upon for reimbursement of bills of the respondent/plaintiff. It further held that in absence of required emergency certificate issued from the CMO General Hospital Gurgaon, respondent/plaintiff cannot be held entitled to reimbursement of his medical bills.

6. The said judgment and decree dated 10.09.2014 was challenged before the Court of Additional District Judge, Gurgaon by respondent/plaintiff by way of filing Civil Appeal under Section 96 of Civil Procedure Code. The appeal was allowed vide order dated 12.01.2015 dissenting with the judgment and decree passed by the trial Court and now the Regular Second Appeal has come up against the judgment dated 12.01.2015, according to which the Respondent/petitioner is not entitled to the relief granted in the appeal by the lower appellate court

7. It is contended by the appellants/respondents assailing the judgment and decree passed by the Appellate court below by stating that the emergency certificate issued by the Civil Surgeon has not been submitted at the time of submission of Medical bill whi