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passenger claim compensation
on the ground of mental agony
sufferings, etc, following the loss
or damage to his registered
baggage. Chapter 3 of the Second
Schedule contained in the Carriage
by Air Act, 1972 provides that the
limits of liability prescribed in rule
22 shall not prevent the Court from
awarding in accordance with its own
law, in addition, the whole or part
of the court costs and of other expenses
of the litigation incurred by the plaintiff.
For the sake of convenience the
relevant Rule 22 (4) is extracted
hereunder:-
"The limits prescribed in this rule
shall not prevent the court from
awarding in accordance with its
own law, in addition, the whole or
part of the court costs and of the
other expenses of the litigation
incurred by the plaintiff. The foregoing
provision shall not apply if the
amount of the damages awarded
excluding Court costs and other
expenses of the litigation, does
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not exceed the sum of which the
carrier has offered in writing to the
plaintiff within a period of six
months from the date of the
occurrence causing the damages,
or before the commencement of the
action, if that is later."
7. From the above, it may be seen
that the Court is not debarred
from awarding compensatory damages
to a passenger for sufferings and
mental agony under common law.
In law the injured party is entitled
to claim reasonable compensation for
sufferings and mental agony. A court
or Forum quantifies damage on sound
principles. A person is entitled to
receive compensation for any loss or
damage which arose naturally from
the event. In estimating the actual
loss the Court or Forum takes into
account only such loss as may be
fairly and reasonably considered to
have arisen naturally and in usual
course of things from the violation
of obligation".
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As regard the plea of opposite parties that the complainant
is not a consumer, similar question arose in a case law cited as
1(2002) CPJ page 203 BOMBAY DELHI GOODS CARRIER & ORS versus MIRA RUBBER CORPORATION wherein it is held as under:-
3" The only question that arises
for determination is, whether
there was any deficiency in service
on the part of the opposite party.
It is not disputed that the goods
were delivered by the opposite party
to some persons without getting
the goods receipt from them.
It has been settled by the National
Commission in Synco Textiles Pvt.
Ltd. V. Economic Transport
Organization & Ors 1(1991)
CPJ 40 (NC) that it is found
there is hiring of service for
consideration and that loss has
been caused to the complainant
on account of negligence and
deficiency in service, the aggrieved
consumer is entitled to seek
his remedy under the Consumer
Protection Act. In that case too
the goods were delivered by
the complainant-appellant to the
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transporter for carriage of the
goods from Shivganj in Rajasthan
to Cuttack in Orissa and the
document and goods receipt were
sent through the Bank, but the
documents were not honoured
by the consignee. The goods were
not delivered by the carrier to the
consignor, when they were asked
to do so. The claim of the complainant
was allowed by the National Commission."
In the ultimate analysis of our aforesaid discussion, we allow
the complaint and direct both the opposite parties jointly and severally to pay Rs.2,81,535-28 paise to complainant as the loss suffered by him due to the non-delivery of the goods. The opposite parties are also directed to pay Rs.6000/-as compensation on account of mental tension, harassment and inconvenience suffered by the complainant, besides Rs.4000/- as costs of litigation, payable by both the opposite parties within one month from the receipt of copy of this judgment. Copy of the judgment be sent to the parties free of costs through registered post without any delay. File be consigned to the record room.
Dated: Gulshan Prashar Shashi Narang Paramjit Singh
23.1.2009 Member Member President
......................Gulshan Prashar ......................Paramjeet singh Rai ......................Smt. Shashi Narang
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