AIRPORT AUTHORITY OF INDIA Vs. USHABEN SHIRISHBHAI SHAH

JUDGEMENT

(1.) These appeals arise from the judgment and decree dated 24th March, 2003 rendered by City Civil Court, Ahmedabad in Civil Suit No. 5510 of 1992, which was filed by the widow and two sons of Shirishbhai who died while travelling as a passenger in an Indian Airlines flight which crashed near the Ahmedabad Airport on 19-10-1988. The compensation claimed was Rs. 27,15,000/-. The trial Court awarded compensation of Rs. 8,90,000/- with interest at the rate of 6% per annum and held the Indian Airlines Corporation ('Indian Airlines' for short) and the Airport Authority of India ('Airport Authority' for short) liable to pay the compensation in ratio of 70:30 respectively. The following Index to this judgment should be useful : Basic Facts & Controversies Paras 2 to 12 Report of Court of Inquiry headed by Hon'ble Mr. Justice A. K. Mathur 13 to 17 Admissibility of Report & its Evidentiary Value 18 to 29 Negligence & Res Ipsa Loquitur 30 to 34 Causes of Accident I to VI Indian Airlines 36 to 41 (a) to (c) Airport Authority 42 to 59 Statutory Provisions on Liability of Airlines 60 to 63 Rule 25 - Act/Omission of Airlines & its Pilots Done Recklessly with knowledge & 64 to 89 Joint & Several Liability 90 to 99 Quantum of Compensation 100 to 118 Final order 119

(2.) The aircraft involved in the accident was a basic series Boeing 737 Aircraft VT-EAH and was on its daily scheduled flight IC-113 from Bombay to Ahmedabad in the morning of 19th October, 1988. The aircraft was carrying on board 135 persons i.e. 6 crew members (pilot, co-pilot and 4 cabin crew) and 129 passengers (124 adults and 5 children). The flight took off from Bombay at 06-05 I.S.T. in the morning. The pilot reported overhead of Ahmedabad at 06-47 I.S.T. 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 about 06-53 I.S.T. 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 later on 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 lives.

(3.) The above numbered suit was 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 flight. The defendants were -