Madurai: In a landmark judgment in an accident relief claim case, the Madurai bench of the Madras high court has ruled that a person who undergoes treatment in Indian systems of medicine — Siddha, Unani, Homeopathy and Ayurveda — is also eligible to get compensation.
The bench, accordingly, enhanced the compensation amount to Rs 2.71 lakh from a meagre Rs 13,000 in the case of a minor boy who suffered 60 per cent permanent disability in an accident a decade ago. As the boy had taken treatment in Siddha, the Motor Accident Claims Tribunal, Tirunelveli had refused to accept treatment bills 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.
Seeking to enhance the compensation, the boy, Karthick Raja, represented by his father, filed an appeal six years ago. The accident happened on July 12, 2006 when he was hit by a lorry while walking on the Kalakkadu Cheranmahadevi road. “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,” said Justice J Nishabanu who heard the appeal.
Pay Compensation for AYUSH Treatment Too: HC
“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 also said that as per the Indian Medicine Central Council Act the Siddha doctor was empowered to sign or authenticate a medical or fitness certificate and can depose evidence before the court.
“When the Act itself gives such recognition to the Siddha doctors, there is no logic in rejecting the medical bills on the ground that the treatment was taken through the Siddha medicine,” the judge said.
