IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 2594 of 2008 Date of Decision: Sept. 10,2008 M.K.Joshi ............................................................... Petitioner Versus Union of India and others ................................ Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. Surinder Mohan Sharma, Advocate for the petitioner. Ms. Geeta Singhwal, Central Govt. Standing Counsel, for the respondents. .... ASHUTOSH MOHUNTA, J. The petitioner has impugned the order dated 26.2.2007 (Annexure P4) vide which the medical reimbursement claim submitted by him on account of injuries suffered by his son has been rejected. The petitioner was serving in Air Force as a Warrant Officer, Clerk (GD), 12 Wing Air Force at Chandigarh. His son Deepak Joshi, who was a student of B.E. (Electrical) at Guru Teg Bahadur Khalsa Institute of Engineering & Technology, Malot, came on short leave to see his parents at Chandigarh. On 4.10.2004, the son of the petitioner boarded Bathinda Express for going back to Malot when he fell from the train between the track and the platform. He suffered multiple serious injuries on head, legs and spinal cord. The son of the petitioner was shifted to CMC Hospital, [ 2 ] C.W.P. No. 2594 of 2008 Ludhiana, where he remained under treatment upto 12.10.2004. Thereafter, he was shifted to Command Hospital, Chandimandir. As the condition of the son of the petitioner was deteriorating, therefore, he was again shifted to R&R Hospital, Delhi Cantt. on 26.10.2004 and remained admitted upto 5.1.2005. The Doctors at R&R Hospital, Delhi Cantt. were of the opinion that amputation below the right knee should be conducted on the son of the petitioner. However, as the petitioner was not satisfied with the advise, he got his son admitted at Fortis Hospital, Mohali, from where his son recovered without undergoing any amputation below the right knee. The petitioner submitted the medical bills for reimbursement. The bills have been rejected vide order Annexure P-4 on the ground that as the son of the petitioner has chosen to take treatment for chronic osteomyelitis as Indoor as well as for Outdoor facilities, therefore, he is not entitled for any reimbursement of the medical claim. Counsel for the petitioner has vehemently argued that if the petitioner would not have got his son admitted at Fortis Hospital then there was every likelihood that the right leg of his son Deepak Joshi would have been amputated below the knee. Learned counsel submits that it is only because of the good treatment that his son received at the Fortis Hospital that he could avert the amputation and, therefore, the respondents are liable to reimburse the medical bills as per the instructions. Reply has been filed on behalf of respondent Nos. 1 to 4 wherein it has been averred that the emergency treatment received by the son of the petitioner from CMC Hospital, Ludhiana, has been reimbursed and an amount of Rs.1,04,259/- has been paid to the petitioner. It has further [ 3 ] C.W.P. No. 2594 of 2008 been averred that after getting the treatment from Command Hospitals at Chandimandir and Delhi Cantt., the son of the petitioner was got admitted in Fortis Hospital, Mohali, and only bandaging was done by them and, hence, there is no justification for giving medical reimbursement to the petitioner. We have heard the counsel for the parties at length and are of the considered opinion that if the petitioner would have gone by the advise given at R&R Hospital, Delhi Cantt. then his right leg would have been amputated below the knee. It is only because of the treatment he received at Fortis Hospital, Mohali, that the amputation has been avoided. The injuries suffered by the son of the petitioner were serious in nature for which prolonged hospitalization and treatment was necessary and, hence, the respondents are liable to reimburse the medical expenses incurred by the petitioner for the injuries suffered by his son. Resultantly, we allow the writ petition and quash the order Annexure P-4 and direct the respondents to reimburse the medical bills submitted by the petitioner on account of treatment undertaken by his son at Fortis Hospital, Mohali. The reimbursement be made to the petitioner at AIIMS rates within a period of three months from the date of receipt of a certified copy of this order. ( ASHUTOSH MOHUNTA ) JUDGE ( RAJAN GUPTA ) JUDGE 10.9.2008 rupi