KERALA STATE CONSUMENR DISPUES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.160/02 JUDGMENT DATED 17.07.08 PRESENT:- JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.S.CHANDRA MOHAN NAIR : MEMBER 1.The Managing Director, Air India Air India Building, Nariman Point, Mumbai – 400 001. 2. The Station Manager, Air India, : APPELLANTS Eroth Centre, Bank Road, Calicut, Kerala. (By Adv.F.Eugine Fernandez) Vs Prabhakaran.K, S/o.Kanaran, : RESPONDENT Thekkayil, Meethal House, Onchiyam PO., Calicut District JUDGMENT SMT.VALSALA SARANGADHARAN : MEMBER This appeal is preferred against the order dated.27.9.01 of CDRF, Kozhikode in OP.NO.331/01 directing the opposite party to pay a sum of Rs.28,692/- as compensation with interest at 12% per annum from 28.6.01 the date of the complaint, and Rs.2000/- as costs to the complainant. 2. The facts of the case are that on 23.3.01 the complainant while traveling in the flight of the opposite party from Abudhabi to Calicut lost a checked in baggage. The complainant had with him a hand baggage and the card board box. The card board box was sent as luggage and after obtaining the boarding pass the complainant purchased some articles which were put in a bag supplied by the duty free shop and thus he had two hand baggages with him. When he was about to board the aircraft an employee of the opposite party told him that he cannot carry two hand baggages and therefore the locked hand baggage was handed over by him and the official issued a baggage tag. On reaching Calicut the baggage was found missing and only the card board baggage was delivered to him. The complainant approached the second opposite party several times for getting the lost baggage. But the opposite party failed to deliver the same. Alleging deficiency of service he filed the complaint before the Forum. 3. In their version, the opposite parties did not dispute the loss of the hand baggage. They contended that the passenger had a hand baggage and the checked in baggage of 30 kgs. The word hand baggage will speak for itself and the same would be handy. They further contended that the complainant had admitted that he had two hand baggages at the time of boarding the aircraft and he had not paid any charges for the additional baggage. Hence deficiency in service is denied. Baggage thus returned at the time of boarding will bear limited liability only. Moreover, the complainant has not disclosed the items in the hand baggage to the opposite parties. The complainant is not supposed to carry valuables in his baggage without declaring the same and obtaining the higher value declaration ticket paying appropriate valuation charges. They further contended that as per the International Rules and Regulations (WARSAW CONVENTION) governing conditions of carriage by Air, liability of air lines is printed in each ticket. 4. We have heard the counsel for the appellant. The learned counsel for the appellant argued that ticket is a contract with the passenger, as far as the air lines is concerned, for carriage of the passenger along with his permissible free baggage allowance from the pre-determined origin to a pre-determined destination for a pre-determined fare and as per the WARSAW CONVENTION, the governing condition is that over and above the permissible free baggage allowance according to the fare paid, the passengers are allowed to carry a hand baggage size of which should not exceed 115 cms with a maximum weight of 8 kgs. The passengers are not supposed to carry valuables in their baggages and if at all they wish to do so they should declare higher value and pay appropriate valuation charges and obtain higher value declaration ticket. 5. In our view there is a specific provision under the carriage by Air Act, 1972 and as per this the liability of carrier is limited to 20 Us dollars per kg, in case of missing baggages. Here the permissible weight of hand baggage is 8 kg and passenger should declare higher value and pay appropriate valuation charges and obtain higher valuation declaration ticket if they carry valuables in their baggages. Passengers will be compensated with the declared value in case of missing the baggage. In all other cases the maximum compensation payable is 20 US dollars per kg. Here the weight of the baggage is presumed to be 8 kgs and so we are of the view that the complainant is entitled to get 20 US dollars per kg subject to maximum of 8 kg which would works out to 160 US dollars. As per the exchange rate at the relevant time 1 US dollar was equal to Rs.47.82/- So the compensation payable for 1 kg is Rs.956.40/- and for 8kgs it would come to Rs.7651.20/- In the result the impugned order dated.27.9.01 passed by the CDRF, Kozhikode in OP.No.331/01 is modified, thereby the opposite parties are directed to pay Rs.7651.20/- to the complainant with interest at 12% from the date of complaint. The cost ordered by the forum is upheld. Thus the appeal is allowed in part. As far as the present appeal is concerned there shall be no order as to costs. VALSALA SARANGADHARAN : MEMBER JUSTICE K.R.UDAYABHANU : PRESIDENT S.CHANDRA MOHAN NAIR : MEMBER R.AV
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
