N.C.TREHAN Vs. STATE OF H.P

JUDGEMENT

(1.) THESE two petitions are being decided by a common JUDGMENT since a common question of law is involved in both the cases.

(2.) CWP No 751 of 2005 arises out of O.A. No. 2502 of 2003 filed by Shri N.C. Trehan before the learned Administrative Tribunal whereby he had prayed that as against the amount of Rs.1,96,600/ - spent by him for undergoing heart surgery in Fortis Heart Institute, Mohali (Punjab) on 10th April, 2002, only a sum of Rs.94,000/ - has been reimbursed. The petitioner was advised by the Cardiologist , IGMC, Shimla to take treatment outside Himachal Pradesh on 26th March, 2002 since facility of such treatment was not available in Shimla. He was permitted to take treatment at Batra Hospital, New Delhi, which was a duly recognized hospital. According to the petitioner, while he was on his way to Delhi he suffered excessive discomfort and pain and got himself admitted in Fortis Heart Institute, Mohali. He claimed that since he had got his surgery conducted under emergency he was entitled to full reimbursement.

(3.) THE Division Bench of the learned Tribunal rejected the original application on June 7, 2005 and held as follows: -