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M.B.SHAH, RAJYALAKSHMI RAO
Anita Bhatia – Appellant
Versus
Kenyan Airways – Respondent


Counsel for the parties :
For the Complainants :Mr. Navin Chawla and Mr. K.K. Singh, Advocates.
For the Opposite Party :Mr. Subrat Birla and Mr. Birender Choudhary, Advocates.

ORDER

M.B. Shah, President — This complaint is filed by the wife and children of the deceased Sanjay Bhatia who was travelling by Kenyan Airways from Bombay to Nairobi on 30.1.2000, Unfor-tunately, there was air crash into the sea of Ivory Coast, near Abidjan, resulting in death of Sanjay Bhatia and the other passengers.

2. As compensation claimed was to be settled by M/s. Mulla and Mulla, Solicitors, on 15.2.2000 the Complainant sent a fax message requesting them to sent modalities in making claim. Claim form was sent requesting the Complai-nant that it should be supported by documentary evidence, where available. On 20.2.2000 M/s. Mulla and Mulla received the claim form by post but with-out any supporting evidence, and with a request, “send me the claim amount immediately”. On 29.2.2000 M/s. Mulla and Mulla telephoned one Mr. Ajay Bhatia (brother of the deceased) that compen-sation was to be assessed by reference to pecuniary loss and asked him to send income tax return. On 10.4.2000 again a request was made to send income tax returns as a very substantial figure has been mentioned in the claim form with-out giving details as to how that figure had been arrived at or giving any oth
































































































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