EGYPT AIR Vs. SAI LEELAVATHI

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Respondent filed complaint No. 1550/03 against the Egypt Air before the Bangalore Urban Consumer District Forum for loss of baggage and had claimed Rs. 1,89,436 along with interest and cost on the ground that while travelling from London to Cairo by the petitioner's aircraft she lost her bag containing valuable items. It was not disputed by the petitioner that the complainant lost her bag. However, it contended that as per the Carriage by Air Act, 1972 the liability of Carrier is 20 US $ per kg. subject to maximum of 20 kg. which works out to 400 US $. Therefore, it cannot be held liable for the sum awarded by the District Forum i.e. Rs. 1,17,000 with interest @ 6% p.a. along with cost of Rs. 10,000.

(2.) Against that order petitioner preferred appeal No. 780/04 before the Karnataka State Commission. As none appeared for the appellant/petitioner the appeal was dismissed on that ground alone.

(3.) Against that order petitioner (Egypt Air) has preferred this revision application.