ORDER

1.       Heard Ms. Maninder Acharya, Senior Advocate assisted by Mr. Om Prakash, Advocate for the complainants and Mr. Zubin Behramkamdin, Sr. Advocate, assisted by Ms. R.H. Khan, Advocate, for the opposite party.

2.       Prem Lata Sanghi and her three children have filed above complaint for directing the opposite party to pay (a) an amount equivalent to 100000/- Special Drawings Rights, as strict no fault liability, under Montreal Convention read with Regulation (EC No.889 of 2002 dated 13.05.2002) passed by European Parliament and Council of European; (b) an amount of Rs.7.5/- crores as compensation towards loss earning; (c) Rs.5/- crores as compensation for mental pain and agony caused to the complainants due to sudden demise of Mr. G.L. Sanghi; (d) Rs.10/- crores as punitive damages; (e) Rs.5/- lacs towards expenses incurred for bringing the remains of Mr. G.L. Sanghi to Delhi; (f) refund the unused business class ticket from Frankfurt to Delhi of Mr. G.L. Sanghi; and (g) any other relief which is deemed fit and proper in the facts and circumstances of the case.

3.       The complainants stated as follows:-

(a)     Mr. G.L. Sanghi was a reputed Senior Advocate, based in Delhi. At the time of his accident, he was the immediate past President of Law Asia, an International Law Organisation of Lawyers of Asia and the pacific, with its Headquarter in the State of Queensland, Australia. He had been President of Indian Association of Lawyers, President of NGO called SEARCH, Vice Chairman of NGO called Heart Care Foundation of India. He enjoyed perfect health during his lifetime and had no complaint of irregular blood pressure, blood sugar or related complications.  He had been regular Yoga exponent for last 40 years. He was a frequent overseas traveller. He used to take Mediclaim Insurance Policies and for that purpose he had to go for regular medical check-up from recognised doctors/labs in which no deficiency or ailment was ever diagnosed. The mother Mr. G.L. Sanghi survived till the age of 82 years and his father passed away on 08.04.2006 in the age of 99 years.

(b)     Complainant-1 is the wife, complainants-2 & 3 are daughters and complainant-4 is the son of Mr. G.L. Sanghi. Complainant-4 is settled in Pleasanton, USA, where he was blessed with a son on 27.10.2005. Mr. G.L. Sanghi and his wife planned a trip to Pleasanton, USA during winter vacation of Supreme Court of India in the year 2005. Mr. G. L. Sanghi and his wife went San Francisco, USA on 20.12.2005, by Lufthansa German Airlines. On the way back to Delhi, he was traveling alone as his wife stayed in USA to spend some more time with newly born grandson. Mr. G.L. Sanghi booked his return ticket for 05.01.2006 in the business class in flight LH 455, operated by Deutsche Lufthansa Aktiengesellschaft (the opposite party) from San Francisco to Frankfurt, from where, he had to take connecting flight to New Delhi in the night of 06.01.2006.

(c)     Mr. G. L. Sanghi boarded in the flight LH 455 on 05.01.2006 at 14:15 hours (PST i.e. 22:00 GMT) in a perfect health condition and was allotted seat No.15K. Rashi (wife of complainant-4) received a telephonic call from Winnipeg Police Department, Canada and Chief Medical Officer, Winnipeg, Canada between 20.00 to 21.00 hours (San Francisco time), on 05.01.2006 informing her about the demise of Mr. G.L. Sanghi, while on board of flight LH 455 and that the said flight had been diverted to Winnipeg, Canada where his remains had been offloaded from the aircraft. Complainant-4 and Dr. V.B. Sanghi, who was settled in Detroit Michigan USA (son and younger brother respectively of Mr. G.L. Sanghi) rushed to Winnipeg, Canada. With the help of Ministry of Foreign Affairs, India, High Commission in Toronto, Indian community settled in Winnipeg, Police Department and Chief Medical Officer, Winnipeg, the formalities of post-mortem/autopsy and death certificate etc. were completed and the dead body was brought from Winnipeg to Toronto and then