Legal Question in Consumer Law in India

A passenger took a ticket for Thiruvanadhapuram (India) at Muscat in Srilankan Airways. The flight was not direct and there was a halt at Colombo (Srilanka).The passenger was alighting from the aircraft to the step ladder to reach a waiting bus that will take him to the connecting flight aircraft. Due to other passengers rushing out of the craft from behind him fell down and had severe dental injury. When he came to Thiruvanandhapuram ultimately, he took it up with Srilankan Airways,to bear the bill for medical expenses. On their refusal he went the State Consumer Forum that asked the airline to compensate by paying 1.8 lakhs.

The accident had happened in another country and also the step ladders are provided by the airport authorities at Colombo not by the airline. The passengers are not Children to expect the air-hostess to see they alight in orderly manner one by one. Also the penalizing was done quoting Carriage by Air Act.

Is this forum right in awarding compensation for an Indian Citizen for the accident that happened in another Country? That too on foreign airlines?


Asked on 12/12/09, 8:33 am

2 Answers from Attorneys
KAMAL GROVER

i THINK UR CASE IS NOT DEFENDED BY PROPER COUNSEL. ELSE IT MAY NOT HAPPEN. BUT THE COURT ONLY SEE THAT HE BRING THE TICKET FOR INDIA AND IF ANYTHING HAPPENS IN THE WAY THEN AIRLINES ARE RESPONSIBLE. SO FIRST SEND US THE COPY OF JUDGMENT AND U CAN CHALLANGE THE SAME IN STATE COMMISSION.

Regards

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Answered on 12/12/09, 11:06 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

unless i go through the entire order of the forum granting compensation to the complainant, nothing can be said. it needs to be seen whether the order was made on some ratio decidendi or was ultra vires.

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Answered on 12/13/09, 8:52 am


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