JUDGMENT :

Mir Alfaz Ali, J.

1. This appeal is by the defendant against the judgment and decree dated 08.12.2015 passed by the learned Civil Judge, Dimapur in Civil Suit No. 11/2010, whereby, the suit filed by the plaintiff was decreed for damages amounting to Rs. 1,00,00,000/- for alleged defamation of the plaintiff.

2. On 30.06.2010, the defendant displayed the photograph of the plaintiff in the news channel, "Times Now" purportedly showing him as the Home Minister of Nagaland, namely, Mr. Imkong L. Imchen, who was detained at an Airport in Nepal allegedly for carrying huge amount of Indian currency notes of particular denomination, which was restricted in Nepal. The news item was that the Home Minister of Nagaland was detained at the Airport having found carrying certain amount of Indian currency notes, which was not permissible in Nepal. The said news item along with the photograph of the plaintiff was telecasted from the morning till the afternoon without verification. It was alleged in the plaint that displaying the photograph of the plaintiff purportedly as Home Minister of Nagaland in connection with a defamatory news item had greatly tarnished the image and reputation of the plaintiff in the estimation of general public and also caused damage to his profession and calling. The plaintiff, having come to know such defamatory publication of his photograph, served a notice on 18.08.2010, on the defendant seeking for an unconditional apology within two weeks of the receipt of such notice through the medium of news channel and print media both national and local. Pursuant to the said notice, the defendant issued a corrigendum in the Nagaland Post in its edition of 4th September, 2010 and also in the Times of India on its edition of 3rd September, 2010. Except publishing such corrigendum, no apology, as demanded by the plaintiff, was published and therefore, the plaintiff instituted the suit seeking for an exemplary compensation.

3. The defendant, Times Global Broadcasting Company Limited being the owner of the news channel, "Times Now", contested the suit by filing written statement stating inter alia, that the news was true and correct. However, the photograph of the plaintiff was shown in the said news item inadvertently without any intention or malice to defame the plaintiff. It was further stated in the written statement that immediately after realizing the mistake committed by the defendant by showing the photograph of the plaintiff, withdrew the photograph of the plaintiff from the afternoon session as corrective measure and also issued corrigendum clarifying that the error of using plaintiff's photograph was inadvertent and therefore regretted. Such a corrigendum was also telecasted in the news channel on 01.09.2010 and therefore, cause of action for the suit did not subsist.

4. On the basis of the above pleadings of the parties, learned trial court framed the following issues:

"(1) Whether the defendant has caused damages to the reputation, profession and calling of the plaintiff by the defendant's wrong action with an ulterior motive and malafide intention by repeated flashing of the plaintiff's picture in the defendant's News Channel on 30.06.2010 as the Home Minister of Nagaland?

(2) Whether it is incumbent on the part of the defendant to verify and ascertain the authenticity of their news item before it is broadcasted in the news channel?

(3) whether the corrigendum issued by the defendant can be accepted as an apology?

(4) Whether the plaintiff is entitled to the relief(s) sought?"

5. Both the parties adduced evidence and after hearing the parties, learned trial court decreed the suit of the plaintiff.

6. Aggrieved, the defendant preferred the appeal.

7. The plaintiff also filed a cross objection challenging the quantum of award and seeking enhancement thereof as claimed in the plaint.

8. I have heard Mr. A. Sattar, learned counsel for the appellant/defendant and the learned Sr. Counsel Mr. T.B. Jamir for the respondent/pla