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Ayurveda, Siddha ,Unani can authenticate Medical Certificate, observes Madras High Court

Ayurveda, Siddha ,Unani can authenticate Medical Certificate, observes Madras High Court

Madras: Providing relief to a victim of a motor accident, the Madras High Court was recently seen making some important observations about the Indian Systems of Medicine. In Particular, the court observed that medical insurance schemes have to provide compensation for treatment under alternative systems of Medicine

The case was of a minor boy who suffered 60 per cent permanent disability in an accident a decade ago. Unable to afford continued allopathy treatment, he switched to Siddha Treatment.Seeking compensation, the patient through his father had filed a petition seeking compensation before Motor Accident Claims Tribunal, Tirunelveli. The tribunal however rejected the medical bills given by a Siddha doctor and directed the branch manager of The New India Assurance Company, Dindigul to pay Rs 13,000 to the boy by its order dated March 9, 2010.

The bench consisting of Justice J Nishabanu who was hearing the appeal, however enhanced the compensation to Rs 2.7 lakh, observing that a person who undergoes treatment in Indian systems of medicine — Siddha, Unani, Homeopathy and Ayurveda — is also eligible to get compensation.

TOI quotes the bench as stating

….The government has recognised Siddha, Ayurveda, Unani and Homeopathy and opened colleges in them. In that situation, the yardstick applied that the medical bills of a person who takes treatment in allopathy alone shall be taken into consideration for the purpose of arriving at compensation is illusive and not sustainable in the eye of law….

…A person who takes treatment in Siddha, Unani, Homeopathy and Ayurveda is also eligible to get compensation…..

….It can’t be said that a person has to take treatment only in a particular hospital and (undergo) a particular method of treatment. It is for the injured to take decision for taking treatment in the interest of his health….

The judge further observed that a disability certificate could not be rejected on the grounds that it was obtained from a doctor other than the one who treated the claimant, reports the Hindu.

The judge also observed that under Section 17 of the Indian Medicine Central Council Act, 1970, a duly qualified medical practitioner could sign or authenticate a medical or fitness certificate or any other certificate required by law as well as depose before the law.

Quoting the law on Evidence, the court observed that a qualified medical practitioner was entitled to give evidence in any court of law as an expert under Section 45 of the Indian Evidence Act, 1872, on any matter relating to Indian medicine.

A general approach should be adapted in such matters rather than a hyper technical approach”, the judge said



Source: with inputs
12 comment(s) on Ayurveda, Siddha ,Unani can authenticate Medical Certificate, observes Madras High Court

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  1. user
    Dr Prabhudatta Pradhan October 24, 2017, 10:15 am

    it is one step to recognize and respect the AYUSH doctors in India.Though they are qualified degree doctors they are regarded as doctors. At least they should be empowered to declare death.

  2. user
    Pathan Sarfraz Sadiq October 24, 2017, 2:38 am

    There r BEMS practitioners too in India.who r well qualified and have passed medical examination under a board named NEHM of India even their medical certificate should come into consideration y electrohomoeopaths alone should suffer after passing a 5 1/2 years course

  3. So called Electro homeo degree is not at all governed by any of the Medical Councils prevailing in India.

  4. user

    Doctor\’s are equal to god in human life saving time , all over tamilnadu spreaded dengue , some of my relation phoned me early in the morning around 05.30 am to save their sister admitted in Nanganallur , I have advised her to feed some food platelet arrived 3 lac and more before evening next few days discharged safely , same like that , my house owners , grand sons 2&4 boys both admitted in govt. Stanley hospital , I advice\’s ,to feed date syrup , the hemoglobin raised and discharged next day.
    Even though , they admitted to follow alopathic treatment , what is the wrong to feed particular minerals to arrive in blood vessels, this is an emergency to save life .
    No doctors in many Indian villages , to save citizens they have to move alternative medicine also , so they can choose and giving importance forindian traditional medicine, like Chinese, Japanese, and cubians traditional medicine , I am advicing only from what we eats food as drug.
    Many , antibiotic drugs available at home food , from vegetables, food grains and few from fruits too.

  5. user

    The court well-done their job, no more to say further ,treatment is petitioner choice that\’s good.

  6. This is called justice where the judgement is passed without being biased of the pathy for taking treatment. More such type of judgements are required to strengthen the Indian Health system. For instance the AYUSH doctors are serving the society by doing general practice or prescribing allopathic treatment at affordable fees which is just fifty rupees compared to minimal 300 rs fees charged by an MBBS doctor. The Ayush doctors practice in villages,, slum areas where its difficult to find a MBBS doctor & on the contrary the government is banning Ayush doctors from practicing allopathy. An illeterate can run a country by becoming politician but a qualified Ayush doctor cant practice allopathy.