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2009 Supreme(Guj) 574

M.S.SHAH, H.N.DEVANI
AIRPORT AUTHORITY OF INDIA – Appellant
Versus
USHABEN SHIRISHBHAI SHAH – Respondent


Advocates appeared:
Mihir Joshi. Senior Advocate with G. N. Shah and Ms. Minoa Shah, for Respondent No.4.
Y. N. Ravani, for Respondent Nos. 5 and 6.
P. A. Mehd, for Respondent NO.7.

MOHIT S. SHAH, J. These appeals arise from the judgment and decree dated 24th March, 2003 rendered by City Civil Court, Ahmedabad in Civil Suit No. 5510 of 1992, which was filed by the widow and two sons of Shirishbhai who died while travelling as a passenger in an Indian Airlines flight which crashed near the Ahmedabad Airport on 19-10-1988. The compensation claimed was Rs. 27 ,15,000/-. The trial Court awarded compensation of Rs. 8,90,000/- with interest at the rate of 6% per annum and held the Indian Airlines Corporation ('Indian Airlines' for short) and the Airport Authority of India ('Airport Authority' for short) liable to pay the compensation in ratio of 70:30 respectively.

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 & Jo















































































































































































































































































































































































































































































































































































































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