Kerala Court Grants ₹10 Lakh Compensation To Renowned Psychologist In Defamation Suit

A Kerala Court recently granted Rs. 10 Lakhs compensation to a renowned psychologist, against whom certain defamatory statements had been made by an assistant professor of St. Joseph's College, Devagiri. 

The Additional Sub Judge-I, Thrissur, Rajeevan Vachal passed the Order in the defamation suit filed by the psychologist. 

The plaintiff works as a licensed Rehabilitation Psychologist at Lakshmi Hospital, Alappuzha. The defendant, who also works in the field of psychology alleged that the plaintiff was a fraud and fake psychologist, and that his qualifying certificates were also fake, and published a Facebook post to that effect, which gained wide publicity. 

The plaintiff claimed that due to the publication of the afore defamatory statements, his reputation amongst the public was lowered, and that the same also affected his financial condition. He thus claimed compensation amounting to Rs. 10Lakhs, with future interest at the rate of 12% per annum besides Rs.1,000/­ being the cost of the demand notice.

The defendant however relied upon the defence of justification by truth, and averred that he had posted the facts realized by him in social media in good faith, and with bona fide intention. 

The Court, on perusal of the evidence adduced by the defendant concluded that the latter failed to prove that what had been posted on Facebook about the educational and professional qualification of the plaintiff was true, or that he had published the post with bona fide intention. 

The Court took note that the defendant had repeated his statements regarding the plaintiff being a fake psychologist. 

Noting that the damages in terms of money cannot be easily assessed, particularly, that affecting the reputation and status of a professional, the Court ascertained that there was no material before it to refuse the amount claimed by the plaintiff. 

"Hence, this court can rightly come to a conclusion that the plaintiff is entitled to a compensation of Rs.10,00,000/­(Rupees Ten lakh only) with interest @ 6% per annum from the date of the plaint from the defendant," it held, adding that the plaintiff would also be entitled to the costs of the suit from the defendant.

Counsel for the Plaintiff: Advocates K.D. Babu and Sarath Babu Kottakkal

Counsel for the Defendant: Advocate Smitha K.S.

Case Title: Prasad M.K. @ Prasad Amore v. Sherin V. George

Case Number: OS 146/2017

Click Here To Read/Download The Judgment