N THIMMAIAH Vs. UDAYA NURSING HOME

JUDGEMENT

(1.) Lufthansa German Airlines feeling aggrieved by the directions of the State Commission directing them to pay compensation of Rs. 5.00 lakh to the complainants/respondents within a period of two months from the date of acknowledgement of the order.

(2.) Facts in brief giving an occasion to filing of the complaint and this appeal are given hereinafter.

(3.) The above mentioned four complainants/respondents were travelling from Amsterdam to Frankfurt on 10.12.1997 by Flight No. LH-4413 of the appellant/opposite parties in the usual course of its service to the passengers. The appellants were providing afternoon meals while on board in the flight. Immediately after the complainants/respondents started taking food articles, they noticed a good number of broken glass particles embedded in the food articles. They noticed some hard and foreign material in the food while they started chewing the meal and felt that some hard and foreign material in the food. There was hue and cry and called upon the Air Hostess in charge of the flight and brought it to her notice. The Captain, the Chief Air Steward and the crew in charge of the flight all found themselves and were satisfied that the said food so served to them, was totally unfit for consumption. The Chief Steward tendered apology. The complainants submitted the written complaint with the Captain of the flight who assured that necessary action would be taken. When the complainants sought for replacement of the food trays, they were told that since a meal preference had been requested not extra meal trays were available. Consequently, the complainant had to remain without food in the flight. On reaching Frankfurt they had to purchase food and take the same.