D VENKATESHWARLU Vs. DR P SUDARSHAN REDDY

JUDGEMENT

(1.) We are of the view that the claim for compensation of Rs.10,00,000/- for the alleged negligence of the opposite parties resulting in the death of a child aged about two years is absurdly exorbitant and that this complaint should have been preferred by the complainants before the District Forum because even viewed from any angle the compensation for the death of a two-year child would be much below Rs.5,00,000/-. In the death certificate dated 26.4.1998 it was stated that the child Master Sri Krishna was suffering from haematological malignancy.

(2.) This CD came up for admission before us on 30.10.1998. On that day we observed as follows and the matter was posted to 12.11.1998 : "mrs. P. Renuka appearing for Mr. Shaik Anwar Pasha states that the complaint will be amended giving particulars as to how the claim of Rs.10,00,000/- is made and whether there can be any basis whatsoever for claiming anything more than Rs.1,00,000/- for the death of a child of about two years because of negligence of the doctors. " On 12.11.1998 further adjournment was sought by the Counsel for the complainant and we posted the matter to this day i. e. . Now Mr. T. Raja Sekhar appearing for Mr. Shaik Anwar Pasha wanted a further adjournment on the ground that his Senior Counsel is out of station. We are not inclined to give any further time because no amendment, etc. , was filed in spite of more than three months' time having been granted.

(3.) In the circumstances, office is directed to return the complaint and the connected papers for presentation before the District Forum having pecuniary jurisdiction after reducing the claim to realistic levels below Rs.5,00,000/-. C. D. No.93/1998 is accordingly disposed of.