POSTMASTER GENERAL TAMIL NADU Vs. CALVIN JACOB

JUDGEMENT

(1.) THESE two connected Appeals arise out of the order dated 26th March, 1992 passed by the State Commission of Tamil Nadu at Madras in Original Petition No. 267 of 1991 on its file.

(2.) O .P. No. 267 of 1991 was a complaint petition filed by one Calvin Jacob (Respondent in First Appeal No. 219 of 1992 and the appellant in First Appeal No. 272 of 1992) against the Postmaster General, Mount Road, Madras-2 (Appellant in First Appeal No. 219 of 1992 and Respondent in First Appeal No. 272 of 1992) seeking to recover from the latter a sum of Rs. 5,11,067/- by way of compensation for alleged negligence and deficiency in service in respect of 267 wedding invitation cards which had been handed over by the complainant's son at the post office counter for being posted after franking. The State Commission accepted the case of the complainant and accepted as true the facts alleged in the complaint petition and it awarded to the complainant a total compensation of Rs. 18,761 /- besides a sum of Rs. 1,000/-by way of costs of the proceedings before it. Both the parties claim to be aggrieved by the said decision and have come up with these Corss-appeals; First Appeal No. 219 of 1992 has been preferred by the Postmaster General, Tamil Nadu, who was the Opposite Party before the State Commission and First Appeal No. 272 of 1992 is by the complainant Shri Calvin Jacob.

(3.) IN proof of the allegations of fact put forward in his complaint petition, the complainant filed his sworn affidavit.