LAWS(BOM)-2008-3-49

DHAVAL SUBODH PAREKH Vs. PAWAN HANS LTD

Decided On March 28, 2008
HOTEL SUBODH PAREKH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This suit is filed by the plaintiffs against the defendants claiming compensation in the sum of Rs. 50,00,000/-with interest thereon.

(2.) The factual matrix reveals that the first plaintiff is the son and the second plaintiff is the daughter of late Shri Subodh Parekh and his wife Smt. Kusumben Parekh who lost their lives while travelling in helicopter belonging to and operated by the first defendant, which crashed on 14.7.1988. The deceased couple had purchased the air tickets in Calcutta and accident took place at Katara near Vaishnodevi in the State of Jammu and Kashmir.

(3.) The first defendant is a statutory Corporation incorporated to operate helicopter service and inter alia, operated helicopter services between Jammu and Vaishnodevi at the time when crash took place. The second defendant is Union of India, who has issued notification under the Carriage by Air Act, 1972 limiting the liability of carriers is also a subject matter of challenge in the suit.