S KRISHNA RAO Vs. USHODAYA PUBLICATIONS VISAKHAPATNAM

JUDGEMENT

(1.) THE unsuccessful plaintiff seeks to assail the judgment and decree dated 20. 9. 1986 passed by the learned principal Subordinate Judge, Visakhapatnam, in O. S. No. 306 of 1982. He filed the suit for compensation of Rs. 50,000/- for the loss sustained by him because of the defamatory statement published by the defendant in Eenadu Telugu Daily dated 21. 10. 1981 and for a direction to the defendant to publish another report denying former defamatory report along with an apologetic statement.

(2.) THE quintessence of the case of the plaintiff was that while he was working as Medical Officer, Primary Health centre at Kotturu of Srikakulam Taluk he rendered commendable service on account of which the Primary Health Centre gained prominence and stood first in rural family planning operations cases for the years 1979-80 and 1980-81 and for the services rendered by him and appreciating his conduct, character and behaviour, the District Collector felicitated him in a function held in the premises of Z. P. High school at Kotturu on 17. 9. 1980 and pursuant to the successive recommendations of the District Medical and Health Officer, srikakulam and Director of Medical and health Services, the Government of Andhra pradesh adjudged him as the Best Medical officer and gave a cash reward under g. O. Ms. No. 619, Medical and Health, dated 21. 9. 1979 and that for the outstanding work done by him during the flood relief operations in the wake of Vamshadhara floods in the year 1980-81 he received several letters of appreciation from his superior authorities and for his professional efficiency and sincerity in work he was highly regarded among the Doctors and people respected him in the taluk of Kotturu and other taluks in Srikakulam District.

(3.) WHILE so, the defendant published a news item under the caption "kummakkaina abinaya Keechukula Keerathakam" in eenadu Telugu Daily dated 21. 10. 1981 involving the outraging of modesty of a nurse in Kotturu Primary Health Centre, by name, Vanaja. The plaintiff was very much pained to see the report which was unsupported by facts and with which the plaintiff was no way concerned. That report made the readers to believe the involvement of the plaintiff in the reported incident. It was a publication made intentionally and deliberately on a false and defamatory statement concerning the plaintiff without any just cause or excuse on account of which the plaintiff suffered injury to his reputation and exposed him to contempt, ridicule and public hatred and lowered the plaintiff in the estimation of right thinking members of the society. The plaintiff's reputation and character have been vilified and his character was assassinated and his image was damaged in the eyes of public in general and in the villages of Srikakulam District in particular. The plaintiff thereby suffered physically and mentally and spent many a sleepless night.