AIRPORT AUTHORITY OF INDIA Vs. ASHOK D AGRAWAL

JUDGEMENT

(1.) THESE appeals and Cross Objections are directed against the judgment and decree dated 24th March, 2003 passed by the City Civil Court, Ahmedabad in Civil Suit No. 5671 of 1992 which was filed by Mr Ashok D. Agrawal, for compensation of Rs. 5 crores on account of the injuries sustained by him at age of 30 years in an air crash near the Ahmedabad Airport on 19th October, 1988 involving an aircraft of the Indian Airlines Corporation in which the plaintiff was traveling as a passenger. The trial Court awarded compensation to the tune of Rs. 61,00,000/- 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 amount in ratio of 70 : 30 respectively. BASIC FACTS and HISTORY OF LITIGATION

(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 later on in the hospital. 2 passengers survived, viz. Mr Vinod Rewa Shankar Tripathi and the present plaintiff. Mr Ashok Agarwal. Thus in all, out of 135 persons on board, 133 persons including the plaintiff's wife and daughter 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.