Mrs. Rajyalakshmi Rao, Member—These two cross Appeals were heard together as they arise out of the judgment and order dated 1.4.2006 passed by the State Commission, Maharashtra in Complaint No. 44 of 2004 whereby the complaint was allowed, and the opposite party, Air India was directed to pay Rs.2,75,000 as compensation along with Rs.5,000 as costs in favour of the complainant, Dr. Vinayak Nagesh Shrikhande. The State Commission further initiated proceedings against Mr. T. Narendra Kumar, General Manager(Legal) of Air India by issuing a show cause notice returnable on 6.6.2006 as to why he should not be prosecuted for the offence of perjury for filing false written statement and affidavit in support of Air India’s defence. Air India has challenged this order and prayed to set aside the same and Dr. Shrikhande has filed the appeal for enhancement of compensation.

2. Brief facts of the case are:

3. Dr. Vinayak Nagesh Shrikhande, the complainant, bought a ‘J’(business) class ‘to and fro’ ticket from Mumbai to New York via London on payment of Rs. 1,46,000 to attend the Annual Conference of American College of Surgeons at Chicago which was scheduled to be held from 19th to 23rd Oc