A.N.JINDAL,J. - (1.) THIS regular second appeal has arisen out of the judgment dated 13.12.2012 passed by the District Judge, Jind whereby the judgment passed by the trial court was reversed and the appellants were directed to pay interest @ 12% per annum on the delayed payment within two months from the date of passing of the judgment. A sum of Rs.20,000/ - was further awarded as compensation towards his harassment and costs of filing two writ petitions and serving two legal notices and litigation expenses.
(2.) THE appeal has been preferred on the limited issue of interest which is as under : - "Whether the plaintiff -respondent is entitled to interest @ 12% per annum on the delayed payment of the medical reimbursement in violation of the law laid down by the Apex Court in case Om Parkash Gargi v. State of Punjab and others, 1996 (10) JT 36 - The factual background of the case is that the plaintiff was a primary school teacher in Education Department, Haryana. On 26.5.2002, he suffered a severe heart attack, for the treatment of which, he was immediately shifted to Jaipur Golden Hospital, where he was operated upon in their Metro Golden Heart Institute, Delhi on the morning of 27.5.2002. For this treatment, he had spent Rs.1,79,266.06 P. Thus, he submitted bills for reimbursement for the amount spent in the hospital as well as the medicines at Jaipur Golden Hospital, but he was paid only Rs.68,257/ - that too under the orders of this Court which were received by him on 28.10.2005. Thereafter, Rs.16000/ - were further reimbursed to the petitioner on re -calculations. Again a sum of Rs.19000/ - were sanctioned against Rs.35,000/ -. He has further submitted that though this amount was sanctioned on 7.1.2004 vide Directorate memo No.6/89 -2002 ET -11(4) but this amount was paid to him on 22.12.2005 that too without any explanation for the delay. He has thus stated that the remaining sum of Rs.85900/ - is outstanding which is still to be reimbursed. In nutshell, he has stated that the plaintiff has been paid a sum of Rs.1,06,057/ - his entitlement of Rs.1,73,561/ - up till 28.1.2008 and he is entitled to the remaining amount.
(3.) THE suit was contested. After a long contest, the trial court vide judgment dated 16.2.2010 dismissed the suit. However, in appeal, the District Judge, Jind, vide judgment dated 18.3.2011 though observed that the respondent has been paid the entire amount, yet, he has not been paid interest despite that he has been harassed and humiliated to the great extent. The trial court accordingly observed that the plaintiff was operated upon on 27.5.2002 but the initial payment was made on 28.10.2005 i.e. after three years. Then a sum of Rs.16000/ - was paid to him on 22.12.2005 and thereafter a sum of Rs.21,800/ - was paid on 28.1.2008 and Rs.45,000/ - were paid during the pendency of the appeal in the year 2011. Thus, the court awarded interest @ 12% per annum from the date of submission of the bills in July, 2002 or w.e.f. 1.9.2002 till 28.10.2005 on payment of Rs.68,257/ - and on Rs.16000/ - from 1.9.2002 to 28.1.2008 and on Rs.45,000/ - paid during the pendency of the appeal from 1.9.2002 to 4.10.2011. Since the petitioner had undergone litigation by filing two writ petitions, serving two legal notices, therefore, he was awarded a sum of Rs.20,000/ - in lump sum as compensation towards his harassment and costs of litigation.;