K.RAMASWAMY
K. Bharathi Devi – Appellant
Versus
G. I. Corpn. of India – Respondent
( 1 ) JUDGEMENT :- An interesting but difficult question of law has arisen, though through old moorings, but sprouted from virgin soil i. e. , the Carriage by Air Act, 197 (Act 69 of 1972), for short, "the Act", viz. , whether the collateral benefits accrued out of the death of a passenger in an accident on an international carriage, would be a set-off from liquidated damages under the Act. It exacted considerable anxiety and thought as this question has not arisen so far in any Court of the High Contracting Parties. The undisputed facts lie in a short compass which are stated thus : The unsuccessful plaintiffs-appellants suit for recovery of Rs. 1,22,200/- as damages was entailed with dismissal. The first appellant is the widow, the second and third are the son and daughter respectively of one K. Adinarayana. When he was travelling on an International carriage - Air Craft No. VT-DWN on Airway ticket, when the Aircraft was to reach Bombay on Oct. 12, 1976, it crashed in which Adinarayana died. The respondent issued notice Ex. A-1 dated Nov. 22, 1976, calling upon the appellants to furnish the particulars so as to settle the claim for damages. Pursuant thereto the
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