SUPERINTENDENT OF TELEGRAPHIC OFFICE TUTICORIN Vs. K ANDI DHEVAR

JUDGEMENT

(1.) This appeal is by the opposite party the Superintendent, Telegraph Office, Tuticorin against whom an award had been passed by the District Forum. One Antony Raj has sent a telegram from Tuticorin on 26.11.1995 to the complainant's son who was at Rajapayalam. The message was "your Father Andi Thevar Admitted in Hospital, Start Immediately". But the message delivered to the son of the complainant was "your father Andi Thevar Admitted/hospital, Start Immediately. Your Father Andi Thevar Expired. " According to the complainant because of the message delivered to his son, his son as well as about 200 of his relatives who were all with mental agony, shock and distress came to Tuticorin. This happened only because of the negligence on the part of the employees of the opposite party. On these grounds the complaint was filed.

(2.) The opposite party contended that it was only while the subject matter of the message was recorded and repeated a mistake had arisen, and further according to the Statutory Rules and Sec.9 of the Indian Telegraph Act, the opposite party is not liable for any compensation.

(3.) The District Forum held that there was deficiency in service on the part of the opposite party. It ordered that compensation of Rs.5,000/- to be paid to the complainant and also a cost of Rs.500/-.