SUDIPTO SARKAR Vs. AIR INDIA LIMITED

JUDGEMENT

(1.) The plaintiff, an eminent lawyer, sued the defendant for damages on breach of a contract of carriage.

(2.) The plaintiff was travelling to Dubai for legal work fixed on July 9, 1989 and July 10, 1989. The plaintiff entered into a contract of carriage with the defendant. The defendant agreed to carry the plaintiff from Kolkata to Dubai and back. The agreed onward journey was that, the defendant would carry the plaintiff from Kolkata to Delhi by flight AI 165A on July 9, 1989 departing Kolkata at 0500 hours and arriving at Delhi at 0650 hours, and from Delhi to Dubai by flight EK 701 departing Delhi at 0930 hours and arriving at Dubai at 1115 hours on July 9, 1989. The agreed return journey was from Dubai via Muscat and Mumbai on July 10, 1989 arriving at Kolkata on the morning of July 11, 1989. The passenger ticket issued by the defendant to the plaintiff was to such effect.

(3.) On July 9, 1989 the flight of the defendant from Kolkata was considerably delayed. The plaintiff made enquiries with the defendant as to whether the defendant would be in a position to facilitate the plaintiff to board the connecting flight at Delhi. On such enquiry, the defendant represented that they would assist the plaintiff in securing the connecting flight at Delhi. On such representation the plaintiff boarded the flight AI 165A at Kolkata. The flight left Kolkata at 0700 hours and arrived at Delhi at 0855 hours.