LAWS(NCD)-2024-6-49

PREM LATA SANGHI Vs. DEUTSCHE LUFTHANSA AKTIENGESELLSCHAFT

Decided On June 13, 2024
Prem Lata Sanghi Appellant
V/S
Deutsche Lufthansa Aktiengesellschaft Respondents

JUDGEMENT

(1.) Heard Ms. Maninder Acharya, Senior Advocate assisted by Mr. Om Prakash, Advocate for the complainants and Mr. Zubin Behramkamdin, Sr. Advocate, assisted by Ms. R.H. Khan, Advocate, for the opposite party.

(2.) Prem Lata Sanghi and her three children have filed above complaint for directing the opposite party to pay (a) an amount equivalent to 100000/- Special Drawings Rights, as strict no fault liability, under Montreal Convention read with Regulation (EC No.889 of 2002 dtd. 13/5/2002) passed by European Parliament and Council of European; (b) an amount of Rs.7.5 crores as compensation towards loss earning; (c) Rs.5.00 crores as compensation for mental pain and agony caused to the complainants due to sudden demise of Mr. G.L. Sanghi; (d) Rs.10.00 crores as punitive damages; (e) Rs.5.00 lacs towards expenses incurred for bringing the remains of Mr. G.L. Sanghi to Delhi; (f) refund the unused business class ticket from Frankfurt to Delhi of Mr. G.L. Sanghi; and (g) any other relief which is deemed fit and proper in the facts and circumstances of the case.

(3.) The complainants stated as follows:-