ANKUSH VITHOBA DHOKALE Vs. ANANT DINKAR BHOSALE

JUDGEMENT

(1.) Complainant is a married young man about 30 years of age. He was owner of an Auto Rickshaw and used to ply the same to earn for his livelihood.

(2.) O. PS. are medical practitioners being husband and wife - both having degrees in Bachelor of Ayurvedic Medicine and Surgery (in short B. A. M. S.) and who have got registered under the Indian Medicine Council Act, 1970 which is Central Statute and the Maharashtra Medical Practitioners' Act, 1961 (hereinafter referred to as the Central Act and the State Act, respectively for brevity's sake ).

(3.) At the outset, we wish to state that although the claim herein is based on alleged negligence on the part of O. Ps. in giving treatment to the complainant as medical practitioners, which was accompanied with administering "voveran" injection, which is Allopathic drug, the complainant, as would be pointed out hereinafter, has also taken up the plea in addition to the said plea raised that O. Ps. in particular O. P. No.1 being negligent in administering him i. e. , the Voveran injection. It is pointed out that, as the O. Ps. were registered medical practitioners of the "ayurvedic System of Medicine", having qualifications of Bachelor of Ayurvedic Medicine and Surgery (B. A. M. S.) and that being so, O. Ps. were and are not qualified as also authorised to prescribe Allopathic drugs as also were not possessed with the needed skill to treat the complainant with the Allopathic drugs, as done which resulted in causing serious problems to the complainant as disability of permanent nature to his left arm above elbow.