ASHARAF Vs. UNION OF INDIA

JUDGEMENT

(1.) These intra-court appeals are filed by the writ petitioners. The matter is related to a claim for compensation under the Carriage by Air Act, 1972. Claims have been raised by passengers and relatives of the victims of the air crash at Karipur International Airport who were traveling in Air India Express Dubai-Kozhikode Flight IX-1344. Accident occurred on 7/8/2020.

(2.) Heard the learned counsel, Shri Kodoth Sreedharan appearing for the appellants and the learned Senior Counsel, Shri Joseph Kodianthara appearing for Air India and learned Amicus Curiae Smt.John Nellimala Sarai.

(3.) The learned Single Judge who heard the matter dismissed the writ petitions holding that Air India is a private entity and no public function is being discharged in payment of compensation that is payable by them under the Carriage by Air Act. The learned Single Judge also found that all the petitioners having received compensation, the writ petitions are not maintainable.