BHAGWANDAS B. RAMCHANDANI Vs. BRITISH AIRWAYS

JUDGEMENT

(1.) Leave granted.

(2.) Carriage by Air Act, 1972, incorporates international air traffic conventions of Warsaw, 1929, Hague Protocol, 1955, and Montreal Convention, 1999 in the First, Second, and the Third Schedules of the Act. Rule 30 of the Second Schedule, which incorporates the Hague Protocol, provides that the right to damages will be extinguished if an action is not brought within a period of two years from the dates mentioned in the Rule. Sub-rule (2) of Rule 30 provides that the method of calculating the period of limitation shall be determined by the law of the Court seized of the matter. As Limitation Act, 1963 is the law applicable to the Courts in India, it is contended on behalf of the consumers of the Airlines that the exclusion of periods of limitation provided in the Limitation Act shall apply for computation of the period of two years mentioned in Rule 30 (1).

(3.) The Appellant is a sole proprietary concern engaged in the business of imports and exports. The Appellant sent a cargo containing fruits and vegetables from Mumbai to Canada via London by employing services of British Airways[1] on 4/1/2010. However, on 6/1/2010 due to bad weather conditions in London the flight could not depart to Canada, as a result the fruits and vegetables were damaged and were consequently destroyed. The Appellant lodged a claim for Rs.1,70,221.56 with the Respondent. On 30/6/2010, the Appellant once again sent a similar cargo containing fruits and vegetables from Mumbai to Canada. Yet again, the cargo could not be sent due to packaging and other issues and, as a consequence, the cargo had to be destroyed. The Appellant raised a claim dtd. 20/7/2010 for Rs.4,27,922.00. Acknowledging the receipt of the notice, the Respondent sent a mail on 2/11/2010 offering to settle the matter at 50% of the claim amount.