R.A. Singh vs Union Of India & Ors.
2015 Latest Caselaw 1803 Del

$~2
*        IN THE HIGH COURT OF DELHI AT NEW DELHI


%                                    Date of hearing and Order: 02.03.2015

+        W.P.(C) 472/2015 & CM No.791/2015 (condonation of delay)


         R.A. SINGH
                                                                   ..... Petitioner
                            Through       Mr. S.N. Kaul, Adv.

                            versus

         UNION OF INDIA & ORS.
                                                              ..... Respondents
                            Through       Mr. Dev P. Bhardwaj, CGSC for
                                          UOI.


         CORAM:
         HON'BLE MR. JUSTICE KAILASH GAMBHIR
         HON'BLE MR. JUSTICE I.S.MEHTA


                            ORDER

KAILASH GAMBHIR, J (ORAL)

W.P.(C) 472/2015 & CM No.791/2015 (condonation of delay)

1. By this petition filed under Articles 226 and 227 of the Constitution of

India, the petitioner seeks to challenge the order dated 04.09.2014 passed by

the learned Tribunal seeking direction for payment of penal interest @ 12%

for the period of delay in the non-payment of medical reimbursement claim

of the petitioner. On the last date, Mr. Bhardwaj, Standing Counsel for the

respondents sought time to comply with the directions given by the learned

Tribunal vide order dated 19.01.2015 and also to take instructions in the

matter apropos the payment of the interest. Mr. Bhardwaj on instructions

submits that the payment has been sanctioned and some more time be given

to the respondents to enable them to pay the said amount to the petitioner.

The learned Tribunal has already given the direction to the respondents to

reimburse the medical claim of the petitioner to the balance amount of

Rs.69,331.91 within a period of three months from the date of the order. As

per the petitioner, the said medical claim should have been settled by the

respondents within a period of 45 days from the date of the submission of

the same and the respondents while reimbursing an amount of Rs.99,927/-

had arbitrarily and unlawfully disallowed the balance amount of

Rs.69331.91 out of the total claim amount of Rs.169258.91 without any

reasons.

2. It is not in dispute that the wife of the petitioner had undergone

treatment from Aditya Hospital, Hyderabad and paid an amount of

Rs.162958.91 to the hospital on different dates for the purpose of treatment

of his wife. The learned Tribunal has already found merit in the said claim

of the petitioner and in fact there should not have been any impediment for

the respondents in paying the said balance amount of Rs.69,331.91 to the

petitioner for the settlement of his medical reimbursement claim.

3. We are however anguished that the respondents have not taken any

care to pay the said medical claim of the petitioner even within the period of

three months granted to them. This shows further apathy of the respondents

in not even complying with the directions of the Court. This medical claim

should have been paid by the respondents within a period of 45 days from

the date of submission of the medical claim by the petitioner. The

respondents although had paid an amount of Rs.99,927/- but the remaining

amount of Rs.69331.91 was not paid by them.

4. Considering the fact that the respondents have not cleared the said

payment till date, therefore, looking into the conduct of the respondents we

direct payment of interest @ 12% p.a. from 11th July, 2013 within a period

of two months from the date of this order making it clear to the respondents

that if the said amount along with interest is not paid within the said period

then they shall be liable to pay interest at an increased rate of 18% p.a. for

the further period of delay. Cost of Rs.20,000/- is also imposed upon the

respondents to be paid to the petitioner within the said period of two months.

5. W.P.(C) 472/2015 & CM No.791/2015 stand disposed of.

Dasti under the signatures of the Court Master to the counsel for the

respondents, as prayed.

KAILASH GAMBHIR (JUDGE)

I.S.MEHTA (JUDGE) MARCH 02, 2015 km