1. This appeal has been directed against the judgement dated 12/1/2005 passed by the District Forum whereby the Respondent herein was granted compensation of Rs.5, 000/- only against the appellant Andaman Express ,courier , Diglipur.

2. The Respondent herein sent an envelope on 21/7/2004 through Courier Services of the Appellant. It is alleged that the said envelop contain the original mess bill of the Respondent’s son who studying B.E Mechanical Engineering at Bhopal. It is alleged that the said envelope containing the bills was neither delivered to the addressed at Bhopal nor the same was returned to the Complainant. The Complaints sent two letters to the Appellant who did take any steps thereby causing mental harassment and anxiety to the Respondent. The Complainant filed the instant application before the District Forum claiming compensation of Rs.50, 000/- against the Appellant. The Appellant contested the case by submitting that the liability of the Courier is limited to Rs.100/- which was offered to the Complainant who refused to take.

3. The facts of the case are a admitted. It is also admitted that the envelop in question did not contains the particular of the documents inside envelop. No the envelop was insured. The Ld. Lawyer for the Appellant has argued that in such a case the Courier is liable to make a payment of Rs.100 as per terms of Contract. He added that even if the documents inside the envelop were valuable and envelop was lost in transit, the Forum below is never justified in passing an award of Rs.5,000/- which is excessive. The Ld.Lawyer for the appellant further argued that at best 50% of the awarded amount may be paid as compensation as the was no standard valuation of the document under dispatch.

4. In our opinion, the suggestion on the side on the Appellant is quite reasonable in view of the facts and circumstance of the case. When valuable documents are dispatched. The envelop should be insured or the particulars of the documents should at least be mentioned on the envelop which will sound a note of caution of the courier. Some Judicial decision may be referred to in this case.

5. In our opinion the suggestion on the side of the Appellant is quite reasonable in view of the facts and circumstance of the case. When valuable documents are dispatched the envelop should or the particulars of the documents should be mentioned on the envelop which will sound a note of caution to the courier. Some Judicial decision may be referred to in this case.

6. M/S Ontime Express (P)Ltd.V.Harsimron Singh Sanhu,I (19930 CPJ 133 (Del.)A packet containing share certificates was given to courier but not delivered nor traced. District Forum awarded Rs.5000/- in appeal it was reduced to Rs.25,00/-.The courier came up in appeal before the Nation Commission which held that the courier was liable to pay the damages assessed as damaged on the state Commission but it reduced the amount assessed as damages on the future prospect from Rs.6,000/- to Rs.1,000/-.In that case also there was a clause that the Complaint according o the terms of the contract, was entitled to a maximum of Rs.100/- and the documents had not been send without disclosing the contents of the packing. The facts of present case are similar. In view of the ratio in the above case complainants to the damages given in excess of Rs.100/- from the Appellant.”

7. In a case reported in Skyperk Courier 9p0 Ltd-Vs- Karur Vyshya Bank Ltd. 1994(1) CPR 85 it was held that the Appellant – Courier was respondent only for failure to carry the consignment safely and deliver it to the consignee . In the absence of knowledge about the constents he cannot be saddled with responsibilities for the loss of its valuable contents. Therefore, the courier was directed to pay consignment amounting to Rs.25,00/- only to the Respondent bank for the loss of the consignment as such.

8. We, therefore, hold in agreement with the submission of the Ld.Lawyer for the Appellant that sum Rs.2,500/- will be sufficient in the particular case and that the sum awarded by the Forum below is excessive. The awared passed by the Forum below is excessive. The award passed by the Forum below is therefore modified and reduced to Rs.2,550/- plus cost of a consolidated amount of Rs.500/- payable by the Appellant within 2 week from this date failing which the Respondent would be at liberty to put the decree in execution. A copy of the judgement be served upon the Forum below and also and to the parties.