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Judgment
AFTER hearing the Counsel for the Appellant-there is no appearance for the Respondent though an Advocate has filedVakalatnama on behalf of the Respondent-and having gone through the records of the case we are of the opinion that the only modification called for in the impugned order passed by the State Commission is with respect to the direction given by the State Commission that the Appellant herein shall pay a sum of Rs. 50,000/- by way of compensation to the Respondent. The order passed by the State Commission contains no discussion at all as to how the said figure of Rs. 50,000/- has been arrived at. It is not right, proper or legal to fix the amount to be awarded as compensation in an arbitrary manner without furnishing any reasons. The Respondent has not adduced any evidence whatever as to the nature of quantum of loss or damage if any, sustained by it on account of the alleged defective nature of the computer. In such circumstances, on the basis of mere finding that the computer supplied to the Complainant was defective, only such amount as can reasonably be regarded as representing the loss could have been awarded by the State Commission as compensation to the Complainant. In our opinion having regard to all the facts and circumstances of the case and especially the fact that the Respondent is a Charitable Hospital, it will be reasonable to fix the quantum of compensation payable by it at Rs. 5,000/-. Accordingly the order passed by the State Commission is modified by reducing the compensation payable by the Appellant herein to the Respondent to Rs. 5,000/- only. In other respects the findings recorded by the State Commission and the directions issued by it are confirmed. This appeal is disposed of as above. There will be a direction to the Appellant herein that the computer in question shall be set right by rectifying all defects within a period of four weeks from today. The Complainant is directed to permit the mechanics of the Opposite Party to have free entry into the computer room and all facility to affect the repairs to the computer so that the computer can be set right within the aforesaid period.