2009(4) CPR 158
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM
K.R. Udayabhanu, President and Valsala Sarangadharan and M.K. Abdulla Sona, Members.
Justin Austin Kurusady and
Ors. —Complainants
versus
The Station Manager Sri Lankan
Airline —Opposite party
Original Petition No. 71 of 2002
Decided on 30.6.2009
Counsel fort the Parties:
For the Complainant:Mr. Francy John, Advocate.
For the Opposite Party:Mr. Eugine Fernandez, Advocate.
Headnote:Consumer Protection Act, 1986—Sections 12/17—Air journey—Traveller sustained serious injuries—Employer terminated him from job due to disfigurance on fare and disability in speech—Remained unemployed—Claim for compensation at Rs. 15,89,000 under various heads with interest @ 12% w.e.f. 14.3.2001—Evidence led in support of complaint inspires confidence—Applicability of Rule 20 or 21, Schedule II, Carriage by Air Act, 1972 even prima facie not established in —Relief?—The opposite pary directed to pay Rs. 1,15,000 (under various heads) with interest @ 7½ % p.a. from the date of complaint and also costs of Rs. 7,500—If the compensation was not paid within 3 months from the date of this order, interest @ 12% p.a. will be payable. (Paras 1 and relief para)
K.R. Udayabhanu, President—The case of the complainant is that he was a passenger in Sri Lankan Airlines flight Muscat to Thiruvananthapuram via Colombo on 8.12.2000 to see his sick mother. While the complainant was stepping down from the aircraft at the time of disembarkation at Colombo airport in the rush somebody pushed him from behind and he fell down flat on face on the steps of gang way attached to the aircraft. He sustained multiple injuries on face, fracture of nasal bone and damage to the teeth. He was bleeding profusely and the aircraft staff took him to the airport doctor and transferred to the hospital at Colombo airport. The cut injury on his lower lip was sutured. As he was in a hurry to reach him to see his sinking mother at hospital, he got discharge at request. He continued his journey to Thiruvananthapuram. He was not in a position to obtain any medical record from the airport hospital. On reading his native place he was immediately admitted to Holy Cross Hospital Kottiyam from 8th to 12th December as inpatient. After discharged he consulted a dentist for the injuries sustained to his teeth. Altogether seven teeth of the upper jaw was removed. On returning to Muscut his employer terminated him on account of disfiguration on face and disability in speech. He lodged a claim on 14.3.2001 with the Mnager of Sri Lankan Airlines at Muscut. He got a reply dated 10.4.2001 mentioning that as the mishap occurred in an area were the Sri Lankan Airlines has no jurisdiction to make compensation nothing can be done. He again requested to the Sri Lankan Airlines to reconsider their decision which was not responded. His service was terminated with effect from 15.4.2001. He returned to Kerala with his family on 26.4.2001. He was working at Desert Dune Trading Company. Al Khuwait, Sulstanet of Oman. He was in the service of the particular Company from 28.6.1998 to 2001. He was working in Sultanet of Oman from 1976 to 1982 and from 1986 to 2001. He was drawing a salary of 500 Omani Riyal. The exchange value of one Riyal was Rs. 100. He was working as Manager Maintenance. His job required a lot of interaction with public. He was aged only at the time of accident. He could have continued in employment upto the age of 60. Due to the accident he had undergone sever pain and sufferings and suffered disfigurement also. The accident was accessioned place as the Aircraft crew at the door did not control the crowd or arrange queue. There was serious deficiency in service on the part of the Sri Lankan crew. He has claimed a sum of Rs. 15,00,000 as compensation for loss of employment, Rs. 40,000 as compensation for pain and suffering, Rs. 9,000 towards medical expenses and Rs. 40,000 for continuing permanent disability, altogether as sum of Rs. 15,89,000 with interest at 12% from 14.3.2001 the date on which he lodged the claim with the opposite parties.
2. The opposite parties have filed a version admitting that the complainant had travelled in the particular flight on the date mentioned. It is also mentioned that while stepping down from the flight he fell down flat that he sustained serious injuries. He was given medical aid by staff on duty at Airport and was rushed to hospital. Although he was advised by the doctors to get himself admitted in the hospital for further medical support, upon his own request he was discharged for his onward journey to Trivandrum. It is pointed out that in the E-mail dated 14.10.2002 addressed to Dr. Mrs. Anomi Jayasinghi, the complainant has mentioned that he tripped and fell from the ladder resulting in wounds on his face, and he requested for a letter that was treated as the hospital in order to obtain medical insurance. The customer affair supervisor Mrs. Mithiya Anis furnished a certificate dated 7.11.2002 mentioning that he had a fall on the step and he was given assistance at the Sri Lankan Medical Centre. As per the records the company doctor made the following observations passenger was fully