SREE GOPAL KHAITAN Vs. SCANDINAVIAN AIR LINES SYSTEM

JUDGEMENT

(1.) The defendant is an international airliner. The plaintiff is an orthodox Hindu and a strict vegetarian. He was and is still under a dietary restriction due to gastrites. On May 2, 1970 the defendant issued the air-tickets for his round the world tour and he left Calcutta on that day. He had to remain starved from Calcutta to Teheran, from Los Angeles to Tokyo, and from Seol to Hong Kong as he was not served with any vegetarian meals in the aircrafts. His air-ticket from Bucharest to Belgrade was issued by the defendant on L.Z. Airlines which was not operating in that route and he had to go to Belgrade by train. Hence, on the causes of action pleaded in the plaint he has filed this suit claiming Rs. 50,000.00 as general damages and Rs. 3,400.00 and 30,000.00 as special damages. The pleadings of the respective parties will briefly appear from the following issues:-

(2.) Mr. Khaitan and Mr. Sagar, who issued these air tickets, were examined before me. A few documents the air-tickets with endorsements thereon, and the meal-tickets, affixed to some of these air tickets, were tendered and exhibited by consent of the parties. That apart, Mr. Khaitan has also proved the endorsements made by the respective flight persers on the relevant air-tickets and on a flight jacket which was also exhibited and at the time it was tendered no objection was made by Mr. C. R. Dutt the learned Counsel for the defendant, appearing with Mr. P. K. Dutt.

(3.) The meal tickets are hereinafter stated as stickers, and they relate to the vegetarian meals to be served by the defendant to Mr. Khaitan. The endorsements relate to non-supply of such meals to him from Calcutta to Teheran, from Los Angeles to Tokyo, and from Seol to Hong Kong and they also corroborate his evidence that the defendant did not serve him any meals in these three aircrafts during the meal hours.