BHANWAR KANWAR versus R.K. GUPTA & ANR.
Respondent No.1 was not authorized to prescribe Allopathic medicines for the period in question due to lack of registration, and was guilty of unfair trade practice and deceptive medical advertisement, causing physical and mental injury to appellant and her son, warranting enhanced compensation.
- Parties
- Appellant: Bhanwar Kanwar; Respondent: R.K. Gupta; Respondent: Neeraj Clinic Pvt. Ltd.
- Jurisdiction
- India
- Judgment Date
- 05 April 2013
- Procedural Posture
- Civil Appeal / Supreme Court Final Appellate Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Unfair Trade Practice, Medical Misrepresentation, Compensation for Medical Negligence, Consumer Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Bhanwar Kanwar
Appellant
R.K. Gupta
Respondent
Neeraj Clinic Pvt. Ltd.
Respondent
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Judgment
Legal Issues
- 1 Whether respondent No.1 was entitled to practice and prescribe modern Allopathic medicines
- 2 What is the amount of compensation to which the appellant is entitled
Ratio Decidendi
Respondent No.1 was not authorized to prescribe Allopathic medicines for the period in question due to lack of registration, and was guilty of unfair trade practice and deceptive medical advertisement, causing physical and mental injury to appellant and her son, warranting enhanced compensation.
Court Disposition
Appeal allowed
Orders
- Part of National Commission's order deducting compensation and depositing with Consumer Legal Aid set aside
- Compensation enhanced from Rs.5 lakhs to Rs.15 lakhs to appellant, payable within three months by respondents
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