PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 24:

The present intra-court appeal has been filed by the appellants/State of Bihar against the judgment dated 21.09.2022, passed by the learned Single Judge in CWJC No. 12317 of 2011, whereby the writ petition was disposed of holding the entitlement of the petitioner for interest @ 6% per annum from 1st August, 2011 till 11.08.2022, the date on which the medical reimbursement has been settled in full and if the interest is not paid within the stipulated period, the petitioner shall also be entitled to litigation cost of Rs. 25,000/-.

2. The facts on record are that the petitioner/respondent herein was admitted in emergency at Jevak Heart Hospital, Patna where his angiography was conducted and three arteries were found blocked. The doctor advised him to undergo bypass surgery as soon as possible. Thereafter, the petitioner approached AIIMS, New Delhi for operation but immediate accommodation was not available. Thereafter, he was admitted in ESCORT Heart Hospital, New Delhi where he underwent successful bypass surgery and was discharged on 29.01.2009. On 21.10.2009, the petitioner applied for reimbursement of medical expenses amounting to Rs. 5,59,772/-. However, vide letter no. 846 dated 21.03.2011, petitioner's claim was rejected on the ground that prior permission was not taken from the Department for treatment outside the State of Bihar, which is in violation of the Notification dated 20.05.2006 of the Health Department. Aggrieved by this, the petitioner preferred CWJC No. 12317 of 2011 seeking reimbursement of the aforesaid medical expenses.

3. The learned Single Judge found that during the pendency of the writ petition, petitioner's claim has been settled in respect of medical reimbursement on 11.08.2022. The learned Single Judge further held that since there was belated settlement on the part of the concerned respondent, petitioner is entitled to interest on the belated settlement of medical reimbursement and directed the respondents/appellants herein to pay interest at the rate of 6% per annum from 1st August, 2011 till 11.08.2022, the date on which medical reimbursement has been settled in full. The said interest was to be paid within a period of two months from the date of the order of the learned Single Judge. The learned Single Judge further held that if interest is not paid within the stipulated period, the petitioner shall be entitled to litigation cost of Rs. 25,000/-.

4. Aggrieved by the aforesaid judgment, the present appeal has been preferred.

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