KALYANI GANDHI Vs. BRANCH MANAGER INDIAN AIRLINES

JUDGEMENT

(1.) In this complaint, the mother of the injured child has claimed compensation for the mental agony suffered by her due to the injury suffered by her minor child, loss of pay, income and the expenses to be incurred by her for proper rehabilitation of minor child at the time of marriage of the child.

(2.) The complainant averred that she along with her injured child Miss Manisha Yatin Gandhi, another daughter Miss Ambika, her husband Sri Y. R. Gandhi and her relation Sri Deepak travelled from Bangalore to Bombay on 22.6.1989 by Indian Airlines Flight IC-206 and reached Bombay by about 10.00 a. m. on that day.

(3.) The complainant further averred that while the minor child Miss Manisha Yatin Gandhi was alighting from the aircraft at Santa Cruz Airport, Bombay, the ladder that was bridging the ground and the Aeroplane collapsed trapping her left leg. The minor child was immediately shifted to Airport Hospital and from there to Dr. Balabhai Nanavathi Hospital for treatment. The complainant averred that she had incurred expenses for the treatment and would require further sum for the continuous treatment till she attained the age of 18-20 years. The complainant has further averred that she sustained loss of pay and the family members suffered a great mental agony and that she were to spend sufficient money for proper rehabilitation of minor child at the time of marriage. The complainant on the basis of these averments sought the relief as under- "wherefore, the complainant prays that this Hon'ble Commission be pleased to order the opposite parties to pay a sum of Rs.9,24,026.15 only as damages for the past, present and future, to the complainant (Annexure-D) in the interest of justice and equity. " (Annexure-D) 1. Loss of Pay, Salary & Income Rs .24,026.15 2. Damages towards expenses for proper rehabilitation of minor child at the time of marriage, by complainant Rs .4,00,000.00 3. Damages incurred, and to be incurred by complainant and her family. Rs .5,00,000.00 Rs .9,24,026.15