SUPERINTENDENT OF TELEGRAPHS vs M. BASAVARAJU

- THIS appeal, by the opposite party, is directed against the order dated 12.10.1993, passed by the District Forum, Mysore, in Complaint No. CPA/864/91 directing the opposite party to pay a sum of Rs. 5,000/- as compensation to the complainant. The facts, briefly stated are, as follows: 1. The complainant an engineering graduate who was searching for an employment sought the help of his relation, Sri. T.S. Channappachar of Mysore, who asked him to send a message to his nephew, Sri. Nagaraju, at Bangalore. The complainant sent a telegram to Sri. Nagaraju at Bangalore from Mysore, under the following terms: "Channappachar explained. Help for Apprenticeship." The opposite party on receipt of the said telegram at Mysore, transmitted the said message under the following terms, as per Ex. P-2: ''''Channappachar expired. Help for Apprenticeship Basavaraj."

IT is the case of the complainant that on receipt of this message, Mr. Nagaraju and other relatives rushed to Mysore and found Channappachar very much alive. The several other relatives and friends also garnered at the residence of Channappachar causing such mental agony. The Complainant, on sending the said message from Mysore to Mr. Nagaraju at Bangalore, went to his village in Kollegal Taluk and came back to Mysore after a couple of days and found this glaring mistake committed by the opposite party which had caused a great agony to Channappachar and others and also it caused great embarrassment to him. The relatives of Channappachar and others chastised and abused him and inconsequence of which the complainant could not go to any interview resulting a great loss and injury to him. The complainant, on the basis of these averments sought the compensation from the opposite party for having negligently sent such a wrong message. The opposite party filed its version and admitted the fact that the opposite party received telegraphic message as averred by the complainant and it also admitted the fact that by mistake, inadvertantly the message received from the complainant was transmitted to Mr. Nagaraju in a mutilated manner as averred by the complainant. The opposite party further averred that the message receiving section incharge was having some domestic problems and more-over on that day several death messages were received by him and by inadvertantly this was also construed to be a death message and despatched in that manner. The opposite party, on the basis of these averments sought the complaint to be dismissed.

During enquiry the complainant examined himself as P.W. 1 and got Ex. P. 1 to P-5 marked in evidence. The opposite party examined the Superintendent of Central Telegraphic Office, R.W & 1 and got Ex. R.1 and R. 2 marked in evidence. The District Forum appreciating this material placed on record held that the opposite party had committed deficiency in service by sending such a message in such a mutilated form and awarded compensation to the complainant in a sum of Rs. 5,000/-.

WE have called for the records and received. WE have also heard the learned Counsel for the appellant and the respondent. WE have perused the material placed on record. The undisputed facts are that the complainant sent a message from Mysore to Bangalore, stating as "Channappachar explained. Help for apprenticeship". The opposite party admitting its mistake submitted that it was due to inadvertance of the telegraph official who was functioning under a mental tension and agony on the said night. The said telegraphist of the office has not been examined. Therefore, it is difficult to accept the plea of the opposite party that it was only due to inadvertance. This aspect has clearly revealed the negligence on the part of the opposite party in transmitting the message in such a mutilated form. That is the finding recorded by the District Forum on consideration of this material on record. We do not find any ground to interfere in this finding recorded by the District Forum.

THE District Forum has awarded compensation in a sum of Rs. 5,000/- to the complainant. THE complainant has stated that he had sustained mental agony and the relatives of Channappachar and Channappachar chastised and rebuked him. He has further stated that he could not go to interview as he had become completely depressed. THE learned Counsel for the appellant submitted, having regard to this material in evidence of the complainant, the award of compensation in a sum of Rs. 5,000/- is highly excessive and exhorbitant. Having regard to this material, in our opinion, the award of compensation in a sum of Rs. 5,000/- is really on a higher side. THE proper compensation would be in a sum of Rs. 2,500/-. IN THE RESULT, therefore, this appeal is allowed in part. THE award of compensation in a sum of Rs. 5,000/- made by the District Forum, is reduced to a sum of Rs. 2,500/- (Rupees two thousand and five hundred only). THE parties are directed to bear and pay their own costs in this appeal. Appeal allowed in part.