This appeal has been filed challenging the legality and validity of the judgment and decree dated 15.7.1097 passed by the Civil Judge (Senior Division), Sonitpur in Money Suit No.7 of 1985. A suit was filed by the plaintiffs for recovery of a sum of Rs. 1,55,670/- as damages. It was filed by the two plaintiffs who are respondents in this appeal. The brief facts are as follows : The plaintiff No. 1 is a Chartered Accountant and the plaintiff No.2 is the wife of plaintiff No. 1. Both of them are the residents of Tezpur.

2. It is alleged that the plaintiff No. 1 was suffering from Urinary infection and was advised by doctor to go to Calcutta immediately for treatment and accordingly an appointment was fixed with Dr. R. Kumar of Calcutta for check up on 18.4.84. The plaintiff wanted to travel from Tezpur to Calcutta by flight and accordingly purchased two tickets by Fright No.IC-212. The flight was delayed by four hours and left Tezpur Airport at 5.25 PM on 17.4.84 and landed at Guwahati Airport at about 5.45 PM. When the flight landed at Guwahati Airport on 17.4.84, the Airport was locked and there were no staff to receive the Aircraft. An Engineer of the Indian Airlines who was travelling from Dibrugarh by the same flight jumped out of the Aircraft and brought the stairs and helped the plaintiffs and other passengers and the crew to get down from the Aircraft. The passengers had to wait outside the Aircraft for about an hour. The Captain of the flight told that if the Airlines staff comes and releases the Aircraft within 20-25 minutes by off-loading the luggage of the Guwahati bound passengers, there would be sufficient light for the flight to take off for Calcutta. But the staff came after about an hour and as such, the flight had to be grounded there at Guwahati for the night. The plaintiffs along with some other passengers were sent to Hotel North Eastern, Guwahati by the Indian Airlines staff with the information that the flight will go to Calcutta at 9 AM on 18.4.84 and the plaintiffs and other passengers should be ready by 7 AM in the morning for the flight. On the morning of 18.4.84 a six seater coach came to pick up the passengers from the hotel. There were about 12 passengers and all of them could not be accommodated and it was stated that another coach would come. But that coach never arrived and the plaintiffs could go to Calcutta only by IC-230 flight which left Guwahati in the afternoon only. There was gross negligence on the part of the Airlines. The plaintiffs could go to Calcutta by 1C flight No.212 on 18.4.84 after about delay of 3 hours. But to their utter surprise the luggage's were not booked in the flight of IC-212 and the luggages arrived at Calcutta Airport by another flight only after another 11 hours of the arrival of the passengers. The plaintiffs could not avail the appointment with the Doctor on 18.4.84. When he met the Doctor later on, he was told by Doctor that because of the delay there was some infection, for the negligence and delay the plaintiff had to undergo surgery for which the plaintiffs were compelled to stay at Calcutta for 2 months disrupting all the business which caused heavy loss to him. The. children of the plaintiffs had to be shifted to Golaghat where they had to stay for 3 months which caused disruption in the study of the children. For these causes the plaintiffs suffered mental shock besides disrupting business and practice of the plaintiff No.l. The plaintiffs claimed Rs. 1,00,000/- for mental shock, pain of body and mind and another Rs. 40,000/- for financial loss due to disruption of business and practice and Rs. 15,670/-being medical expenses, totalling an amount of Rs. 1,55,670/-. The plaintiffs served registered notice demanding the amount. The reply was sent admitting the delay but expressed their inability to pay the amount as claimed. As such, the suit was filed. In the schedule the claims have been detailed as follows:

(1) Medical expenses incurred at Calcutta Nursing Ho

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