SPICEJET LTD. AND ORS. Vs. ATANU GHOSH

JUDGEMENT

(1.) Both the fora below have granted compensation in favour of Dr.Atanu Ghosh, the complainant, in the sum of Rs.50,000/- because, out of five registered 'check-in' baggages, one was missing and could not be traced out. A complaint was lodged with the officials of SpiceJet, Kolkata. FIR was lodged with the police. It is explained that the said baggage contained goods, such as Sony Video camera, Sony Cyber shot digital camera, cosmetics and clothes, valued at Rs.90,000/-.

(2.) We have heard the counsel for the SpiceJet Ltd. & Others. The learned counsel for the petitioner vehemently argued that the compensation should have been given as per the rules. He has filed a copy of the terms of carriage issued under the Caption "Low-cost Air travel, International flight Tickets from India, Cheap Airline Tickets India / SpiceJet Airlines". In the middle of the page, it mentions, as under :-

(3.) Counsel for the petitioner has also filed Chapter XI Notification regarding application of the carriage by Air Act, 1972, To Carriage by Air which is not international. In this Booklet, there is Chapter II under the caption "Documents of Carriage". Section 11 runs, as follows :-