The case, which started at a decrease court docket, ended up earlier than the Madras Excessive Courtroom, the place Justice P B Balaji not too long ago delivered his verdict. Whereas the trial court docket had earlier ordered Rs 1 lakh compensation, the Excessive Courtroom revised the quantity to Rs 35,000, citing lack of proof to show extreme harm however upholding Air India's negligence.
Air India Held Accountable Regardless of Meals Being Catered by Exterior Vendor
Air India argued that the meals was ready by an exterior caterer, Ambassador Pallava, and that the airline shouldn't be held liable. Nonetheless, the court docket dismissed this declare, clarifying that the passenger's contract was with Air India, not the caterer.
Justice Balaji acknowledged that for the reason that ticket value covers each journey and meals, Air India bears vicarious legal responsibility for the meals served on its flights. The choose noticed:
“The defendants can not wash off their palms and contend that compensation must be met solely by the caterer. The passenger's contract is with Air India, and the airline is answerable for companies rendered on board.”
Courtroom Factors Out Contradictions in Air India's Defence
The court docket famous inconsistencies in Air India's written assertion. Whereas the airline initially claimed that the passenger didn't complain to any crew members, it later admitted that the criticism was radioed via firm channels and {that a} Catering Supervisor tried to satisfy the passenger after touchdown.Justice Balaji remarked that such contradictions confirmed the airline's “try to blow cold and warm” and mischievously go on legal responsibility to the caterer as a substitute of proudly owning as much as the negligence.
Compensation Decreased However Negligence Confirmed
Though the trial court docket awarded Rs 1 lakh in compensation, the Excessive Courtroom discovered no concrete proof of bodily harm or medical proof to justify that quantity. Subsequently, the compensation was lowered to Rs 35,000, protecting court docket charges (Rs 15,000) and counsel charges (Rs 20,000).
Justice Balaji mentioned: “Whereas the award of Rs 1,00,000 is unsustainable resulting from lack of proof of harm, the negligence of Air India stands established. Therefore, prices are imposed on the defendants.”
Air India has been directed to pay the quantity to the passenger inside 4 weeks.
Why This Case Issues for Air Passengers
This verdict reinforces the legal responsibility of airways for onboard companies, together with meals and beverage high quality. Even when meals are catered by third-party distributors, airways stay answerable for making certain passenger security and hygiene.
The ruling is more likely to encourage passengers to report meals high quality points on flights and serves as a warning for airways to keep up larger requirements of their catering and in-flight companies.
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