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Hon'ble Mr. Justice Mohit S. Shah and the Hon'ble Ms. Justice H. N. Devani
AIRPORT AUTHORITY OF INDIA – Appellant
Versus
USHABEN SHIRISHBHAI SHAH & ORS. – Respondent
First Appeal No. 1346 of 2004
Decided on : 14-10-2009.
A. Carriage by Air Act, 1972 - Rule 25 and 75 - Tort - Negligence - Plane crashed near the Airport - Despite falling visibility the Airport Authority did not give to the pilot 'Runway Visual Range' - Act must have been done "recklessly and with knowledge that damage would probably result - After descending upto 1000 feet, pilots did not give any standard call outs nor they sought permission to land - Pilots descended in violation of standard operating procedure below 500 feet without sighting the runway - Compensation for death in plane crash - Multiplier - Deceased aged 56 years - Multiplier of 9 adopted - Held that, the Authority committed breach of it's duty of care which contributed to the accident - However, on facts it was found that the accident was caused mainly due to negligence of the pilot-in-command who was looking out for the runway instead of concentrating on the instruments - negligence of pilots was established - The co-pilot who did not give proper feedback, also held to be negligent - It despite poor visibility conditions the pilots descended upto a precarious level of 500 feet without permission for landing the presumption is that instead of taking a "missed approach" pilots were keen to land even though they had not seen the runway and it has to be held that, the pilots had acted recklessly and with knowledge that damage would probably result - In view of the age of deceased, no addition made to existing income -Since, Court have already granted time to National Aviation Company of India Ltd. (formerly Indian Airlines Corporation) and the Airport Authority of India Ltd. to deposit the compensation amounts with interest and costs by 31st December, 2009, the prayer is rejected - Orders accordingly
B. Evidence Act, 1872 - Sections 35 and 81 - Civil suit claiming damages and compensation for death and injury caused on account of plane crash - Admissibility of report of "Court of Inquiry" appointed under the Aircraft Act produced from proper custody - Evidentiary value of the report of the "Court of Inquiry" appointed to ascertain cause of the plane crash - Held, trial Court had rightly relied on the report to decide the issue of negligence - There was no dispute that the report was genuine and duly proved - Held that, the report was admissible in evidence
The following Index to this judgment should be useful :
Paras Basic Facts & Controversies 2 to 12 Report of Court of Inquiry headed by 13 to 17 Hon'ble Mr. Justice A. K. Mathur Admissibility of Report & its Evidentiary Value 18 to 29 Negligence & Res Ipsa" Loquitur 30 to 34 Causes of Accident I to VI Indian Airlines 36 to 41 (a) to (c) Airport Authority 42 to 59 Statutory Provisions on Liability of Airlines 60 to 63 Rule 25 - Act/Omission of Airlines & its 64 to 89 Pilots Done Recklessly with knowledge & Joint & Several Liability 90 to 99 Quantum of Compensation 100 to 118 Final order 119
2. The aircraft involved in the accident was a basic series Boeing 737 Aircraft VT-EAH and was on its daily scheduled flight IC-113 from Bombay to Ahmedabad in the morning of 19th October, 1988. The aircraft was carrying on board 135 persons i.e. 6 crew members (pilot, co-pilot and 4' cabin crew) and 129 passengers (124 adults and 5 children). The flight took off from Bombay at 06-05 I. S. T. in the morning. The pilot reported overhead of Ahmedabad at 06-47 I.S. T. The aircraft crashed on the outskirts of village Chiloda-Kotarpur, near Noble Nagar Housing Society, near Ahmedabad. The plane crashed at a distance of 2540 metres from the beginning of Runway 23 on extended central line of the runway in a paddy field at about 06-53 1ST. In this air crash 124 passengers and 6 crew including pilot and co-pilot lost their lives on the spot. 5 passengers escaped with serious injuries, but 3 of them succumbed to the injuries later on in the hospital. 2 passengers survived, viz. Mr. Vinod Rewa Shankar Tripathi and Mr. Ashok Agarwal. Thus in all, out of 135 persons on board, 133 persons lost their lives.
3. The above numbered suit was one of the civil suits filed for compensation claimed in respect of death of 35 passengers and injuries to one passenger, who were travelling in the said flight. The defendants were -
(1) Indian Airlines Corporation
(2) Airport Authority of India
(3) Union of India in the Ministry of Civil Aviation,
(4) Director General of Civil Aviation.
The suits filed in different Courts in the years 1989 and 1990 were ordered to be tried by the City Civil Court at Ahmedabad.
4. The issues finally cast by the trial Court and the findings given are as under :
(i) Whether the plaintiffs prove that the Flight No. IC. 113 from Bombay to Ahmedabad crashed near Ahmedabad on 19th October, 1988, on account of acts or omissions on the part of the defendants or either of them? (amended as per order below Exh. 81)
Finding - In affirmative, on account of negligence of defendant No. 1 (Indian Airlines) and defendant No. 2 (Airport Authority of India)
(ii) Whether the plaintiffs prove that the accident occurred due to negligence of the pilot as mentioned in ~ Carriage by Air Act, I972?
Finding - In affirmative.
(iii) Whether the defendant No. I-Indian Airlines proves that the liability of defendant No. I-Corporation is limited to two lacs as alleged?
Finding - In negative.
(iv) Whether the plaintiffs prove that the defendants are liable to pay damages for the injuries sustained by the passenger and/or for the death in the air crash jointly and severally due to composite negligence of the defendant No. I-Indian Airlines and defendant No.2-Airport Authority as alleged?
Finding - As per final or
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