HELEN WALLIA Vs. CATHAY PACIFIC AIRWAYS LTD

JUDGEMENT

(1.) Complaining loss of one baggage complainant has filed this complaint seeking damages amounting to Rs. 24,63,885/- (US $ 54753) with interest @ 18% per annum from the date of loss.

(2.) Complainant was travelling with another person from San Francisco to Hongkong. Both in all had four bags when they checked in at San Francisco. It is stated that though the tags were given for three bags only, on insistence of the complainant fourth tag was also given. When the flight arrived at Honkong only three bags could be traced. Fourth of which the tag was given later belonged to the complainant, could not be traced. She lodged complaint at Hong Kong with the opposite party and also at Mumbai in India. Correspondence that ensued between the parties, opposite party offered in all US $ 640. In one of their replies, the opposite party replied as under : "Our immediate concern is to settle your claim. As stated in our passenger ticket airlines liability for checked baggage is limited to 20 USD per kilo unless a higher value is declared in advance and additional charges are paid prior to the commencement of carriage. For passengers travelling on the transpacific route, Canada and USA, the maximum weight of each piece of checked baggage is 32 kilos. This, therefore, allows us to settle your claim for USD 640. We do try to settle all baggage claims in a manner that will result in mutual satisfaction as we are a service industry and customer satisfaction is all important."

(3.) It was a transpacific flight where the maximum weight of 32 kgs. was allowed. Thus multiplying this with US $ 20 per kg., the amount of US $ 640 was offered which was declined by the complainant. This led to filing of the complaint. If we examine the provisions of Carriage by Air Act, 1972, there is a limit placed on the liability of the carrier where damages can be awarded @ US $ 20 per kg. of the weight of the lost baggage. This limit would not apply if it was done with the intent to cause damage or recklessly and with knowledge that damage would probably result. There is no such plea in spite of assertion by the learned Counsel for the complainant that the baggage of the complainant was lost intentionally by the opposite party. We do not find any merit in this complaint. It is dismissed. Complaint dismissed.