LAWS(SC)-1996-10-117

OM PRAKASH GARGI Vs. STATE OF PUNJAB

Decided On October 07, 1996
Om Prakash Gargi Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This special leave petition has been filed against the order of the High court of Punjab and Haryana made on 29/5/1996 in CM No. 933 of 1996 in LPA No. 60 of 1996.

(2.) Admittedly, the petitioner had claimed reimbursement of medical expenses spent in private hospital for heart disease. Ultimately, the amount came to be disbursed on 28/8/1991 but there was delay in payment thereof. The petitioner filed the writ petition. The High court in LPA directed payment of the amount but disallowed interest at 12% as claimed by the petitioner. He filed a review petition and the same came to be dismissed. Thus this special leave petition.

(3.) It is contended by the learned counsel for the petitioner that in several cases, the division bench had directed payment of interest, but in this case, they have departed from the above principle. When a special leave petition was filed by the State, this court had dismissed the same in limine. Therefore, the petitioner is entitled to the payment of interest.