MEMBER-SECRETARY BOARD OF TRUSTEES RAJ STATE PENSIONERS MEDICAL CONCESSION SCHEME Vs. SHIV KARAN JOSHI

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Forum, Sri Ganganagar dated 30.10.2002 whereby the complaint filed by the respondent has been allowed and the appellants have been directed to pay to the respondent within a period of two months an amount of Rs.64,000/- with interest @ 9% p. a. with effect from the date of presentation of the complaint i. e. , 2.5.2001 till payment along with compensation and cost of litigation at Rs.1,000/- each.

(2.) Facts relevant for disposal of this appeal in brief are that the respondent Shiv Karan Joshi has been and employee of State of Rajasthan and retired from the post of Patwari in its Irrigation Department. He got his wife Smt. Geeta Devi medically examined by the Medical Board at SMS Hospital, Jaipur on 20.8.1999 and was advised for Coronary Artery By-pass Surgery (CABG ). As the respondent desired for getting the treatment of his wife at Escorts Heart Institute, New Delhi instead of at SMS Hospital, Jaipur; the Medical Board and the Principal, SMS Medical College, Jaipur recommended vide its letter dated 22.8.1999 that the complainant be allowed to take his wife to Escorts Heart Institute, New Delhi subject to the condition that reimbursement of medical expenses should be limited at Rs.50,000/- which is permissible at the SMS Hospital, Jaipur. The respondent underwent the treatment at Escorts Heart Institute, New Delhi and received the reimbursement amount of Rs.56,000/- on final settlement.

(3.) The case of the respondent has been that the respondent in fact is entitled to reimbursement upto 80% (Rs.64,000/- of the total expenses of Rs.1,60,500/- incurred by him at New Delhi, relying upon the Government order dated 12.5.1998 and having failed to receive the amount, he approached the learned District Forum and claimed 18% interest p. a. on the said amount of Rs.64,000/- along with compensation at Rs.5,000/- and cost of Rs.5,100/-.