CASE COMMENT ON BHANWAR KANWAR v. R.K. GUPTA AND ANOTHER [2013 4 SCC 252]
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https://doi.org/10.55662/Abstract
The respondent was a qualified practitioner of Ayurvedic Medication. In the present situation, the respondent had claimed that he had conjured up a reliable cure for epilepsy. In the instant case, the appellant went to this practitioner to get his 4-year-old child cured. The treatment was continued for 2 full years, but the appellant’s daughter’s condition, grew worse with several convulsions of epilepsy. The respondent claimed later, that the cure in Ayurveda would be slow and time-consuming. Upon referral to a qualified neurologist, Dr. Ashok Pangariya, it was told by the doctor that there could be no possible manner of the child growing back to its normal conditions. Later, on facts it was found that the respondent was administering Allopathic drugs in the guise of Ayurveda.
Thus a case was filed, seeking punitive damages, as the mother and the child had suffered from mental injury, due to the misrepresentation by the practitioner.
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