AIRPORT AUTHORITY OF INDIA Vs. BHARTIBEN RANDHIKUMAR MEHTA

JUDGEMENT

(1.) THESE appeals are directed against the judgment and decree dated 24th March, 2003 passed by the City Civil Court, Ahmedabad in Civil Suit No. 6879 of 1993 which was filed by Smt Bhartiben- widow, son and daughter of Randhirkumar Chandulal Mehta, who died at the age of 45 years in an air crash near the Ahmedabad Airport on 19th October, 1988 involving an aircraft of the Indian Airlines Corporation in which the deceased was traveling as a passenger.

(2.) THE compensation claimed was Rs. 21,30,000/ -. The trial Court awarded compensation to the tune of Rs. 13,45,000/- with interest at the rate of 6% per annum. The trial Court held the Indian Airlines Corporation ("the Indian Airlines") and the Airport Authority of India ("the Airport Authority") liable to pay the compensation in the ratio of 70 : 30 respectively. 2. The aircraft involved in the accident was a basic series Boeing 737 Aircraft VT-EAH and was on its daily schedule flight IC-113 from Bombay to Ahmedabad in the morning of 19. 10. 1988. The aircraft was carrying on board 135 persons including 6 crew members (pilot, co-pilot and 4 cabin crew) and 129 passengers (124 adults + 5 children ). The flight took off from Bombay at 06. 05 hours in the morning. The pilot reported overhead of Ahmedabad at 0647 IST. The aircraft crashed on the outskirts of village Chiloda - Kotarpur, near Noble Nagar Housing Society, near Ahmedabad. The plane crashed at a distance of 2540 metres from the beginning of runway 23 on extended central line of the runway in a paddy field at 6. 53 hours in the morning. In this air crash 124 passengers and 6 crew including pilot and co-pilot lost their lives on the spot. 5 passengers escaped with serious injuries, but 3 of them succumbed to the injuries in the hospital. 2 passengers survived, viz. Mr Vinod Rewa Shankar Tripathi and Mr Ashok Agarwal. Thus in all, out of 135 persons on board, 133 persons lost their life.

(3.) THESE appeals arise from one of the civil suits filed for compensation claimed in respect of death of 35 passengers and injuries to one passenger, who were travelling in the said Indian Airlines flight which crashed near the Ahmedabad Airport on 19th October, 1988. The suits filed in different Courts were ordered to be tried by the City Civil Court at Ahmedabad.