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M.S.RANE, R.N.VARHADI
ANKUSH VITHOBA DHOKALE – Appellant
Versus
ANANT DINKAR BHOSALE – Respondent


Advocates:
Counsels for the Parties :
For the Complainant :Mr. Rajiv Chavan, Advocate.
For the Opposite Parties :Mr. Mihir Desai, Advocate.
For the ‘B.A.M.S. Graduates’ Association, Maharashtra State : Dr. Kailas Goud, Intervenor.

ORDER

Mr. Justice M.S. Rane, President—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 o






























































































































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