Man sues IA for 50 lakh, gets Rs 1,500

Thane resident Ganesh Joshi, 40, who was severely injured after a fire extinguisher fell on his head during the landing of his Indian Airlines (IA) flight has been awarded only a token compensation. To Joshi’s misfortune – who sought Rs 50 lakh as damages – the rules state that he could get only Rs 1500 as compensation for his two days of ‘temporary disability’.
On June 24, 2009, just as IA’s Goa-Mumbai flight was landing on the tarmac of the Mumbai airport, a fire extinguisher that hung above Joshi came crashing first on his head and then his shoulder.
Joshi suffered a head injury, began bleeding profusely from his shoulder and fell unconscious. The IA administered first aid to Joshi, but that couldn’t stop his bleeding. He was then rushed to Bandra’s Guru Nanak hospital, where he recovered after two days of hospitalisation.
Joshi contended that till date, he cannot drive a vehicle or take up long distance travelling for his business due to his left shoulder and hand injuries.
In its defence, IA argued that under the Carriage by Air Act, for an injury suffered by a passenger that results in temporary disability, his compensation can only be calculated at Rs 750 per day of income or Rs 1.5 lakh if the disability remains; whichever works out to be less.
IA also contended that they had provided immediate treatment to Joshi and had borne his medical expenses after rushing him to the hospital.
Ruling that Joshi was only entitled to get Rs 1500 (Rs 750 for each day of temporary disability and loss of income) other than Rs 2100 which he had spent on his treatment and Rs 1000 as legal costs, the commission said, “The IA has failed in its duty of properly securing the cylinder in the luggage cabinet...but this was the only deficiency in service on their part.”
27/12/10 Anand Holla/Mumbai Mirror

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Categories: Air India Dec 2010, Air India Domestic Dec 2010, Airports Dec 2010