TRIVENI KODKANY Vs. AIR INDIA LTD

JUDGEMENT

(1.) Late Mahendra Kodkani, husband of complainant no.1 and the father of complainant no. 2 & 3 and his mother-in-law died in an aircrash at Mangalore on 22.05.2010, while they were travelling in Flight IX 812 of Air India Express from Dubai to Mangalore. According to the complainants, the annual salary of the deceased was INR 60,78,177 at the time he died. Adding 30% for future prospects, the annual income of the deceased, according to the complainants, came to Rs.79,01,630/-. After deducting 25% of the aforesaid income towards his personal and living expenses, the balance amount came to Rs.59,26,223/- per annum. Applying a multiplier of 14, the complainants have arrived at a figure of Rs.8,29,67,122/-. They have also disclosed the income which would have accrued to the deceased as ESOP and after applying a multiplier of 14 to the aforesaid income after deducting personal and living expenses out of that amount, they have alleged that the loss on account of income from ESOP itself came to Rs.8,98,17,000/-. After deducting a sum of Rs.4 Crores which they have received as interim payment, as compensation from the OP and adding a sum of Rs.15 lacs for medical aid, they have claimed a sum of Rs.13,42,84,122/- from the OPs namely Air India Ltd., Air India Charters Ltd. and C.M.D. of Air India Express.

(2.) The complaint has been resisted by the OPs who have relied upon the provisions contained in Section 5 of the Carriage by Air Act, 1972 and rules framed thereunder. They have submitted that a sum of Rs.40 lacs as already been determined as payable and paid to the parents of the deceased. They have also claimed that relying upon the decision of a Division Bench of Kerala High Court in W.A. No. 1197 of 2011, they have already offered fair and reasonable compensation to the complainants.

(3.) In the above referred decision, the Kerala High Court, after examining the provisions of Carriage by Air Act and the rules contained in its third schedule, held as under: