AIR INDIA LIMITED Vs. VINAYAK NAGESH SHRIKHANDE

JUDGEMENT

(1.) -THESE two cross appeals were heard together as they arise out of the judgment and order dated 1. 4. 2006 passed by the State Commission, Maharashtra in Complaint No. 44 of 2004 whereby the complaint was allowed, and the opposite party, Air India was directed to pay Rs. 2,75,000 as compensation along with Rs. 5,000 as costs in favour of the complainant, Dr. Vinayak Nagesh Shrikhande. The State Commission further initiated proceedings against Mr. T. Narendra Kumar, General Manager (Legal) of Air India by issuing a show cause notice returnable on 6. 6. 2006 as to why he should not be prosecuted for the offence of perjury for filing false written statement and affidavit in support of Air India's defence. Air India has challenged this order and prayed to set aside the same and Dr. Shrikhande has filed the appeal for enhancement of compensation. Brief facts of the case are:

(2.) DR. Vinayak Nagesh Shrikhande, the complainant, bought a 'j' (business) class 'to and fro' ticket from Mumbai to New York via London on payment of Rs. 1,46,000 to attend the Annual Conference of American College of Surgeons at Chicago which was scheduled to be held from 19th to 23rd October, 2003. On 11. 10. 2003 he boarded Air India Boeing Aircraft No. AI-101 at Chhatrapati Shivaji International Airport at Sahar, Mumbai. He was allotted Seat No. 18k issued at the check-in counter. Dr. Shrikhande himself had undergone an Open Heart Surgery in Bombay Hospital in June 2002 and it was his first international travel after his operation and that too he was travelling alone. Complainant's version:

(3.) IT is contended by the Learned Counsel for the complainant that during the travel he found that the seat belt sign was switched off and he could not convert his seat into reclining position. The defect was that the back portion of the seat which tilts 158 degree as against 180 degree in First Class and 10 degree in economy class was not tilting at all and this seat was worse than an economy class seat. The footrest also did not work and the seat belts got struck which the crew could not retrieve them. Then he alerted the attention of the stewards and he was told that the seat had been defective for several weeks. Then he met the pilot who tried to put the seat in a reclining position but could not do so and further the safety seat belt also got stuck while the pilot tried to get it right. Dr. Shrikhande had to undertake the journey in upright sitting position right upto London Airport. Not only the seat had defective arrangement of not having reclining facility but the seat belt too got stuck which also could not be set right by the cabin crew. The complainant was the only passenger who travelled in the Jumbo Jet without safety belt in no reclining seat. He averred that it was a frightening experience for him not to have seat belt for fastening at the time of take off and landing. He could not get sleep during the entire period since it was a traumatic experience on board on Air India flight from Mumbai to London. He arrived as a tired passenger feeling hurt and being cheated with the indifferent attitude of the staff and after paying heavy price receiving bad service he felt cheated. In the condition that he was in after the operation and being 72 years old, he could not cope up with the mental agony of feeling unsafe during the flight journey.