LAWS(MAD)-2011-8-166

D VASUDEVAN Vs. DIRECTOR GENERAL BORDER SECURITY FORCE

Decided On August 02, 2011
D VASUDEVAN Appellant
V/S
DIRECTOR GENERAL BORDER SECURITY FORCE AND ORS Respondents

JUDGEMENT

(1.) The Petitioner has filed the writ petition, seeking to call for the records on the file of the fifth Respondent relating to the order in No. Acctt/CEA/580/82/Bn/2010/20897 dated 15.11.2010 rejecting the medical reimbursement claim and the consequential speaking order of the second Respondent dated 09.02.2011 and for a direction to the Respondents to pay a sum of Rs. 2,91,100/-towards the payment of medical reimbursement claim along with an interest at the rate of 18% per annum from the date of the claim till the date of realisation.

(2.) The Petitioner has been working as Constable in Border Security Force. Initially, he was posted at Bangladesh Border. Thereafter, he was transferred to 25 BN BSF at Chhawla, New Delhi in the month of November 2001. He visited his native place i.e. Sirkazhi by applying Earned Leave for 30 days from 06.11.2008 to 05.12.2008. During his stay at his native place, on 01.12.2008, there was a fire accident, in which, his wife was severely injured and the Petitioner also sustained injuries. Both of them were immediately admitted in the Government Hospital, Sirkazhi. The hospital authorities advised them to get admitted in some other hospital where there would be more facilities to treat the fire accident victims.

(3.) Accordingly, they were admitted in Kannan Burns Specialty Hospital, Cuddalore, on the same day viz., 01.12.2008 itself. Thereafter, the Petitioner was discharged from the said hospital and his wife was shifted to Sri Ramachandra Medical College Hospital, Chennai for further treatment after 34 days of treatment at Kannan Burns Specialty Hospital, Cuddalore. However, the Petitioner's wife succumbed to injuries on 05.01.2009 and the Petitioner lost his wife.