JUDGEMENT
K.R.UDAYABHANU, PRESIDENT -
(1.)REVISION Petition 17/08 is filed by
the judgment debtors M/s Kuwait Airways and Revision Petition 05/09 is
filed by the complainant over the order of the CDRF, Thiruvananthapuram
in EA No. 18 of 2005.
(2.)THE dispute is with respect to the monetary equivalent of 5,000 Francs directed to be paid towards compensation for the lost luggage vide the order of the State Commission. The Decree Holder has
calculated the amount as Rs. 2,05,000. They have also claimed future
interest at 12% as per the order of the Commission. On the other hand the
Judgment Debtors deposited an amount of Rs. 23,005. It is the contention
of the opposite party/Judgment Debtors that the conversion of Francs
should be as per the settled judicial precedents i.e., 20 US Dollars for
250 Francs. The Decree Holder on the other hand had claimed conversion value on the monetary equivalent of the prize of gold i.e., 65 1/2
milligrammes of gold of millisimal fineness Nine Hundred, relying on Rule
22(5) of the II Schedule of the Carriage by Air Act. The Forum directed to make the payment as per the conversion of Francs into Rupee straight.
Hence both the parties are aggrieved with respect to the order of the
Forum.
(3.)IT is pointed out by the opposite party that in the OP No. 403/98 which is sought to be executed, the CDRF had ordered to pay a sum of Rs. 1,24,159. The amount claimed by the complainant towards the value
of the articles lost was Rs.1,64,159. In appeal the State Commission set
aside the order of the Forum and held that the complainant would be
entitled only for the loss of 20 Kg of luggage at the rate of 250 Francs
which would work out to 5000 France. The Commission relied on Rule 22(2)
of the I Schedule of the Carriage by Air Act, 1972. It is pointed out by
the counsel for the opposite party that the claim in the EP for a sum of
Rs 1,40,000 at the rate of Rs. 28 per Franc is clearly in violation of
the order of the Commission which has set aside the order of the Forum
directing to pay an amount of Rs. 1,24,159. As per the statement filed in
the EP the complainant has calculated the monetary equivalent of 5000
Franc in terms of the value of the gold as Rs. 2,05,000. The amount does
not tally with the amount claimed in the EP. The total amount claimed
including interest at 12% and costs is Rs. 2,05,000 in the EP whereas the
amount claimed as per the statement filed is Rs. 3,27,148. The counsel
for the opposite party has relied on the direction in the judgment in
appeal i.e. appeal 4/00 against the order of the Forum wherein the
Commission at para 23 has mentioned that the amount payable in Franc.
i.e., 5000 Francs shall be converted as per Section 6 of the Carriage by
Air Act, 1972 at the rate prevailing on the date of the order. Section 6
of the above Act provides that the conversion of Francs into rupees
should be at the rate of exchange prevailing on the date on which the
amount of damages to be paid by the carrier is to be ascertained by the
Court. Rule 22(4) of the I -Schedule of Carriage by Air Act, 1976 provides
that the sums mentioned in this rule shall be deemed to refer to the
French Franc consisting of 65 1/2% miligrammes of gold of millesimal
fineness nine hundred. Schedule II Rule 22(5) of the above Act mentions
that the sums mentioned in Francs in this, rules shall be deemed to refer
to a currency unit consisting of 65 1/2 miligrammes of gold of millesimal
fineness nine hundred. It also provides that these sums may be converted
into national currencies in round figures. Further conversion of the sums
into national currencies other than gold shall in case of judicial
proceedings, be made according to the gold value of such currencies at
the date of the judgment.
On the other hand the counsel for the opposite parties have relied on the judicial decisions of the State Commission and the National
Commission which has also been impliedly approved by the Supreme Court
that the value of 250 Francs is equal to 20 US Dollars. It is also
pointed out that in the ticket itself the liability has been limited to
20 US Dollars per kilogram. The revision petitioner in Revision 17/08 has produced the copy of the above portion of the ticket. The decisions cited
are Air Lanka Ltd. v. S. Prasannan; Manager, Oman Air v. K.K. Abdul
Azeez both decisions of the Kerala State Commission, Air India Ltd. v.
India Everbright Shipping & Trading Co.; E.N. Sreeriathan v. Air India;
Egypt Air v. Sai Leelavathy. The counsel of the opposite parties have
also pointed out that only in UK the monetary equivalent of the amount in
Francs has been reduced into statutory terms vide the Carriage by Air
(Sterling. equivalence) order 1999. As per the above, the equivalent of
5000 Francs is 281.56 pounds which would be approximately Rs. 22,400. Hence according to the counsel, the amount of 20 US Dollars as equivalent
of 250 Francs is an internationally accepted conversion rate.
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