RATNA GHOSH Vs. P K AGARWAL

JUDGEMENT

(1.) Heard Counsel for the complainants.

(2.) The complainants allege negligence on the part of the opposite parties which resulted in premature death of Swapna Ghosh, who was mentally retarded and physically challenged. The complainants claimed a total sum of Rs. 2,19,30,000 with 12% interest thereon. The break of the said claim is as under: A. Pecuniary Damages: Rs. (i) Expenses for treatment including cost of medicines, etc., 89,000.00 (ii) Funeral Expenses 50,000.00 (iii) Loss of income of the petitioners 30,000.00 (v) Expenses for travelling 50,000.00 B. Non-Pecuniary Loss: (i) For pain and suffering 10,00,000.00 (iii) Loss of amenities of life 5,00,000.00 C. Exemplary Damages: 2,00,00,000.00 2,17,19,000.00

(3.) There is thus mistake in calculation of total loss which is stated to be Rs. 2,19,30,000. The substantive loss which consists of pecuniary damages is to the tune of Rs. 2,19,000. Besides this, a sum of Rs. 10.00.000 has been claimed for pain and suffering and Rs. 5,00,000 for loss of amenities of life. In addition, a sum of Rs. 2,00,00,000 is claimed as exemplary damages. No basis or sufficient justification has been given for claiming exemplary damages of Rs. 2,00,00,000 in addition to Rs. 15,00,000 claimed for pain, suffering and loss of amenities of life and we are, prima facie, of the opinion that a highly exaggerated claim has been made in so far as exemplary damages are concerned in order to bring the claim within the jurisdiction of this Commission. The jurisdiction of this Commission to entertain the original petitions is above Rs. 1,00,00,000. Accordingly, we are of the opinion that the complainant should approach the appropriate Forum having pecuniary jurisdiction by making appropriate claim. In view of this, we are not inclined to entertain this complaint and the complainants are free to file appropriate proceedings before the appropriate Forum.