AIR INDIA LIMITED Vs. HAV B N SINGH

JUDGEMENT

(1.) Hav B. N. Singh was attached to High Commission of India Dar-es-Salam and posted at Tanzania. After completion of the period of deputation while returning to India, he lost one out of the three packages, when he landed at New Delhi on 7.5.90. The lost package contained a Soni TV weighing 58 kgs. On a complaint instituted by the aforesaid passenger the District Forum, UT, Chandigarh, ordered that according to the terms and conditions and keeping in view the weight, the complainant was entitled to $1168. However, in the judgment it was also added that the rate would be 20 per kg. Since the conversion value of pound is higher, the Air India was dissatisfied and has come forward in appeal.

(2.) Since it is an admitted fact that the package in question was lost, there is no merit in the contention that the appellant was not liable. It was the responsibility of the appellant, to handle the luggage on behalf of M/s. Kenya Air Cargo and the appellant could not wriggle out of its liability.

(3.) As regards the rate, during the course of arguments both the learned Counsel agreed that the value of the dollar in this case may be fixed at Rs.31/- per dollar. Thus, it is clarified that the amount payable is to be worked out in terms of dollars and not in terms of pounds and at the same time, the price of one dollar shall be deemed to be Rs.31/- for execution of this order. With this modification, all the findings of the District Forum are hereby affirmed and no interference is called for. The appeal stands disposed of.