INDIAN AIRLINES LTD Vs. RAM AWATAR GARODIA

JUDGEMENT

(1.) This appeal has been filed challenging the legality and validity of the judgment and decree dated 15/7/1997 passed by the Civil Judge (Senior Division) Sonitpur in Money suit No. 7 of 1985 A suit was filed by the plaintiffs for recovery of a sum of Rs 1,55,670 as damages It was filed by the two plaintiffs who are respondents in this appeal. The brief facts are as follows The plaintiff No. 1 is a Chartered Accountant and the plaintiff No. 2 is the wife of plaintiff No. 1. Both of them are the resident of Tezpur.

(2.) It is alleged that the plaintiff No 1 was suffering from Urinary infection and was advised by doctor to go to Calcutta immediately for treatment and accordingly an appointment was fixed with Dr. R Kumar of Calcutta for check up on 18.4 1984. The plaintiff wanted to travel from Tezpur to Calcutta by flight and accordingly purchased two tickets by Flight No IC-212. The flight was delayed by four hours and left Tezpur Airport at 5-25 P M on 17-4- 1984 and landed at Gauhati Airport at about 5.45 P.M. When the flight landed at Gauhati Airport on 17.4 1984 the Airport was locked and there were no staff to receive the aircraft. An engineer of the Indian Airlines who was travelling from Dibrugarh by the same flight jumped out of the Aircraft and brought the stairs and helped the plaintiffs and other passengers and the crew to get down from the Aircraft.

(3.) A written statement was filed on behalf of the defendant and in paragraphs 7,8(c), 8(d) and 8(g) of the written statement it has been stated as follows: