JET AIRWAYS INDIA P LTD Vs. DIPAK BHATTACHARYA

JUDGEMENT

(1.) THE appellant is a provider of service of travel through air. It goes by the name of M/s. Jet Airways India Limited. It has been directed vide order dated 5.10.2001 to make up the loss of two baggages by the respondent with the appellant while travelling from Bangalore to Chennai for a sum equal to US $ 200 besides the cost of litigation. Impugned order has been assailed through this appeal mainly on the premise that the District Forum has erred in applying international Rules of Carriage of Goods by directing the appellant to pay an amount equivalent to US $ 200 whereas the appellant being domestic airline is not subjected to the International Rules of Carriage of Goods condition of contract does not provide for compensation for loss of baggage international carriage by Air Act. However, peripheral objection raised by the appellant that Delhi Court has no territorial jurisdiction needs to be repelled at the outset inasmuch as that the respondent travelled from Bangalore to Chennai and when he could not get his two bags at Chennai he searched for the staff of the appellant company at Chennai Airport for lodging the report of loss of baggage but none was available and since he is residing at Delhi he straingtaway came to Delhi and lodged report. Non -availability of staff at Chennai itself provided cause of action to the respondent to prefer claim at Delhi because of having lodged a report at Delhi where he resides.

(2.) AS regards the main objection we find substance as the condition of contract clearly laid down that carriage is subject to Jet Airways regulation relating to the condition of Non -International Carriage (Passenger and Baggage) framed in accordance with the Carriage by Air Act, 1972. Relevant condition of contract reads as under: the carriage is subject to Jet Airways Regulations relating to the condition of Non -International Carriage (Passenger and Baggage) framed in accordance with the Carriage by Air Act, 1972 and Notification regarding application of the carriage which is non -international. These regulations are known as Jet Airways Non -International Carriage (Passenger and Baggage) Regulations, 1992. The liability of the company for damage sustained in the event of the death or wounding of a passenger or any other body injury suffered by a passenger or by his registered baggage during the course of carriage by air will be governed by the provisions of Sections 4, 5 and 6 and the rules contained the second schedule of Carriage by Air Act, 1972 with certain exceptions, adaptations, modifications, etc. as notified in the Govt. of India, Ministry of Civil Aviation Notification and as amended from time -to -time.

(3.) THOUGH this clause itself does not entitle a person whose baggage is lost during transit to claim compensation on the basis of international rules, yet a reasonable view that could have been taken by the District Forum was that since the respondent travelled within the country in a domestic airline, he was entitled to compensation on the basis of domestic rules i. e. , Rs.450/ - per kg. in case of loss of baggage.