Swatanter Kumar, J. - (1.) THIS regular second appeal is directed against the judgment and decree dated 12.3.1997 passed by learned Additional District Judge, Faridkot. The learned first Appellate Court while affirming the judgment and decree of the trial Court dismissed the appeal preferred by the State of Punjab without any order as to costs. Reference to necessary facts would be advantageous to discuss the main issue raised by the parties before this Court.
(2.) PLAINTIFF Prem Kumar filed a suit for declaration praying that he was entitled to the reimbursement of the medical payment of Rs. 17632.90 which he was compelled to incur as a result of non -fatal accident. He was entitled to the claim of reimbursement in accordance with the rules and regulations. He also prayed for grant of interest at the rate of 2% per month on this amount from the date of the bill till realisation. The suit was contested by the defendants who raised objection in regard to maintainability of the suit and also stated that C.M.C. Hospital, Ludhiana where the petitioner was treated is not a recognised hospital/institution by the State of Punjab for treatment of its employees. As such he was not entitled to claim the reimbursement of the medical bill. In the replication filed, the plaintiff had averred that it was a case of emergency and he had no choice and reiterated his claim for reimbursement with interest.
(3.) THE learned trial Court vide its judgment and decree dated 23.8.1995 decreed the suit of the plaintiff with interest at the rate of 12% per annum till realisation. The appeal preferred by the State was dismissed by the learned first Appellate Court, as already noticed.;