Kuldeep Singh v. State Of Punjab And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision: 03.09.2024 Kuldeep Singh ......Petitioner Vs.

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Rahul Sharma, Advocate for the petitioner.

Mr. Amarpreet Singh Bains, AAG, Punjab.

Mr. Kunwar Jasjeet Singh, Advocate for Mr. Akashdep Singh, Advocate for respondent No.2.

Mr. Chanchal K. Singla, Advocate with Ms. Kavita Joshi, Advocate and Ms. Tarrram Madan, Advocate for respondent No. 3.

**** HARSIMRAN SINGH SETHI , J. (ORAL) 1.

In the present petition, the grievance being raised by the petitioner is that the petitioner's wife underwent medical treatment for which, the petitioner was entitled for reimbursement of the said medical bills but, the said medical bills are not being reimbursed and that too without any valid justification and therefore, the respondents be directed to reimburse the medical bills. 2.

Learned counsel for the petitioner submits that as the wife of the petitioner was in coma and was to be shifted to other hospital, and the respondent hospital was not agreeing to release the patient without clearing the bills and the

son of the petitioner had given a cheque to secure the amount which was dishonoured and against which, the hospital has started proceedings under Section 138 of the Negotiable Instruments Act, which is further causing prejudice to the petitioner.

3.

Upon notice of motion, the respondents have appeared, the respondents have stated that they have no objection in clearing the bills, in case, the original bills are are submitted for the inspection and evaluation of the Insurance Company.

4.

Learned counsel appearing on behalf of the Insurance Company submits that in case the original bills are submitted, the entitlement of reimbursement of the petitioner will be evaluated from the said original bills and whatever the reimbursement will be admissible qua those bills, the same will be paid to the hospital, keeping in view the agreement between the State of Punjab and the Insurance Company.

5.

Learned counsel appearing on behalf of the respondent-hospital submits that in case, the amount which they are entitled from the petitioner keeping in view the medical assistance provided to the patient, is covered keeping in view the reimbursement allowed by the Insurance Company, then no further claim will be raised, otherwise, for the remaining amount, the claim will be continued keeping in view the cheque given by the petitioner. 6.

Learned counsel for the Insurance Company submits that the evaluation of the bills will be done within a period of eight weeks of the submission of the original bills by the petitioner. 7.

It is directed that in case, the petitioner does not have the original bills, and he requests the hospital to forward those bills to the Insurance Company, the hospital concerned, keeping in view the request received, will

forward the bills (including duplicate bills) to the Insurance Company, which will be treated as valid bills for evaluating the reimbursement being claimed by the petitioner.

8.

Disposed of in the above terms.

9.

Pending applications, if any, also stands disposed of. 03.09.2024 (HARSIMRAN SINGH SETHI) Satyawan JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No