Sometime a desparate patient suffering from incurable ailment like paraplegia would desparately try to find relief from all systems of medicines. Question is can such patient simultaneously go for such medical treatments and then claim compensation separately for such each treatment. One can understand if allopathy is not working therefore he may switch over to Ayurvedic and then to Homeopathic etc. but he cannot claim compensation in respect of overlapping treatments. Can such a claim for compensation be called fair and just? No. Secondly, even Ayurvedic treatments were overlapping. Assuming such a choice is open to the claimant but then he cannot have the same at the cost of the tortfeasors/insurers. Against such indiscreet and inflated claim the Court should put itself on guard while assessing the quantum of damages.
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Bombay High Court
M/S. Pest Control (India) Pvt. ... vs Ramanand Devrao Hattangadi And ... on 3 November, 1988
Equivalent citations: I (1990) ACC 439, 1990 ACJ 130, AIR 1990 Bom 4, 1989 (2) BomCR 49
Bench: Mookerjee, S Kurdukar
