STATE OF HARYANA Vs. MRS AMITA CHAUDHARY

JUDGEMENT

(1.) The defendants are in appeal against the judgment and decree passed by the Courts below whereby the suit filed by the plaintiff for declaration with consequential relief of mandatory injunction was decreed.

(2.) Plaintiff submitted her bills for medical reimbursement on account of treatment which was necessitated. However, the said bills were not considered on various grounds. Ultimately, the plaintiff filed a suit for declaration and mandatory injunction. The trial Court decreed the suit in respect of the claim of medical reimbursement for Rs. 21457/- along with interest at the rate of 18% per annum. The said decree has been modified in appeal to the extent that a sum of Rs. 1869.00 on account of reimbursement of medical bills was not claimed by the plaintiff.

(3.) Learned counsel for the appellants has argued that the plaintiff has not complied with the instructions of the department regrading payment of medical reimbursement inasmuch as she has purchased the medicines without obtaining non-availability certificate from Super Bazar of Co-operative Store, Chandigarh, and also did not purchase the prescribed medicines within 2-3 days of their prescription. She has also not submitted a joint affidavit