GEETA RANI Vs. AIR FREIGHT LTD

JUDGEMENT

(1.) THE facts of the case are as follows: - A sum of Rs. 937/ - (Rupees nine hundred and thirty -seven) was paid to the opposite party M/s. Airfreight Ltd., Madras to carry a parcel containing culture of Mycobacterium tuberculosis isolated from the sputum of the patient Smt. Geeta Rani, to Dr. P.R.J. Gangadharam, Director Mycobacteriology for Immunology and respiratory medicine, Denver, U.S.A., on 23rd July, 1990.

(2.) THE above mentioned parcel despatched vide AWB No. 07492111401 MAA/DEN from Madras did not reach the intended destination in time to test the sensitivity of the sputum to a drug not available in India. The parcel was marked as containing pathogenic material, not to be opened. The urgency of the parcel reaching Denver, .its destination, was mentioned whilst handing over the same to M/s. Airfreight Ltd. and the concerned staff of the latter assured that it would reach in four days time.

(3.) BEING aggrieved with the above happenings and having already spent a lot of money over the whole process, the petitioner has brought a claim of damages against M/s. Airfreight Ltd. as below: - The details of expenditure are given below: (i) Medical treatment Rs. 2,00,000/ - (ii) Nursing Home Charges & attendant charges Rs. 50,000/ - (iii) Travelling expenditure for making trips from Guntur to Madras and stay at Madras Rs. 25,000/ - (iv) Loss of leave to Shri Haribabu as he was with the patient throughout during this period Rs. 2,000/ - (v) Further expenditure in again going through the tests for culturing the sputum etc. Rs. 5,000/ - (vi) Telephone charges for making calls to Denver Rs. 3,000/ - (vii) Compensation for under - going mental agony due to the negligence of M/s. Air Freight Ltd. Madras Rs. 3,00,000/ - (viii) Compensation for further tension due to non -receipt of sputum for testing at Denver Rs. 2,00,000/ - (ix) Compensation for the separation from children and husband due to the illness which could not be cured due to non -receipt of reports Rs. 2,00,000/ - (x) Expenditure for trip to Denver a stay at Denver and treatment Rs. 7,00,000/ - Total Rs. 18,85,000/ -