INDIAN AIRLINES Vs. SHRI RAJESH KUMAR UPADHYAY

JUDGEMENT

(1.) Shri Rajesh Kumar Upadhyay, the respondent, herein-had purchased a ticket for travel from Lucknow to Delhi by an Indian Airlines flight which was scheduled to start from Lucknow on 26.10.1988 at 2 p.m. That flight, however, got delayed and could only take off from Lucknow only at 6:50 p.m. the reason being that the aircraft which was to come from Delhi to Lucknow and operate the return flight could leave Delhi only at 5:15 p.m. on that day. The complainant's wife Smt. Asha Upadhyay was also to travel to Delhi alongwith him on that flight and he had purchased a ticket for her also. The complainant's case is that because of the delay in the operation of the flight in question and the alleged failure on the part of the Indian Airlines staff at Lucknow Airport to provide necessary facilities such as lunch, tea, etc. to the waiting passengers of the delayed flight. Smt. Asha Upadhyay developed weakness and became indisposed. It is further alleged by the complainant that in spite of his having brought the fact of the indisposition of his wife to the notice of the Airlines staff at Lucknow Airport, they did not make any arrangement for providing her with a bed nor was any emergency medical aid arranged for her. The complainant and his wife traveled to Delhi by the delayed flight which landed in Delhi at about 7:50 p.m. Smt. Asha Upadhyay expired at Delhi on the next day. The complainant thereafter preferred the complaint against the Indian Airlines (appellant-herein) before the State Commission. Uttar Pradesh, Lucknow, seeking to recover a sum of Rs. 5 lakhs from the opposite party as compensation for the irreparable loss suffered by him in consequence of the death of his wife. He also claimed a further sum of Rs. 10,000/- by way of expenses for prosecuting the complaint-petition.

(2.) The complainant's claim for compensation was based on the allegation that the delay in operation of the flight from Lucknow to Delhi on October 26, 1988 and the alleged failure on the part of the Indian Airlines staff at Lucknow to provide to her proper facilities such as food and drinks and their omission to make available to her medical assistance were the factors responsible for her death on the next day.

(3.) After careful consideration of the facts as disclosed in the pleadings filed by both sides as well as the oral and documentary evidence adduced in the case, the State Commission found that the complainant's allegation that drinking water, tea, coffee, eatables etc. were not provided to the passengers during the period when they had to wait at Lucknow Airport on account of the delay in operation of the flight could not be accepted as true. After a detailed discussion of the evidence pertaining to the matter, the State Commission also found that the allegation of the complainant that there was negligence on the part of the opposite party in making available medical facilities to Smt. Asha Upadhyay was also unfounded. In the opinion of the State Commission, it was significant that no efforts whatever were made by the complainant to seek or provide medical facilities for Smt. Upadhyay while they were at Lucknow Airport in spite of the fact that there were facilities such as the Airline's Passenger Coach and Taxis were available for taking her to Lucknow City for consulting any of the doctors there. Another finding recorded by the State Commission is that during the course of the flight from Lucknow to Delhi also there had been no negligence on the part of the cabin staff of the Indian Airlines and that the complainant himself had been negligent in taking necessary steps for treating the condition of Smt. Asha Upadhyay even after reaching Delhi. In view of the aforesaid findings the State Commission held that the opposite party before it was not liable for payment of any compensation for the unfortunate death of Smt. Asha Upadhyay on October 27, 1988 and that the complaint had only to be rejected.