N.KANNADASAN, J. - (1.) The appellant is the 2nd opposite party, 1st respondent is the complainant and the 2nd respondent is the 1st opposite party before the District Forum.
(2.) The District Forum has allowed the complaint, wherein, a compensation of Rs.1,15,000/- is quantified for the loss of goods apart from the compensation for mental agony and cost.
(3.) This Commission is already passed an order in identical case in A.P.No.284/99, dated 28/5/2004 and the relevant portion is extracted below: We are satisfied that this appeal has to be accepted in view of the ruling of this Commission as well as that of the National Commission. It is to be pointed out in this connection that there is no allegation of negligence or willful act so far as the handling of the baggage is concerned by the opposite parties in the complaint. Therefore, when there is no such allegation, it is not possible for the Lower Forum to have found deficiency in service as to the mental agony and disappointment and grant a sum of Rs.10000/- as compensation. This Commission in an earlier decision reported in A.P.Nos.203/91 & 237/91 after referring the decision of the National Commission reported in {1-1991-CPJ-205} has held that the award of compensation in such circumstances is not warranted. To the same effect is the other decision reported in {1996 (2) TNCR 558 (NC)} wherein it has been also held that when the amount has been paid and settled in accordance with Warsaw Convention which has fixed the liability of carrier for loss of baggage on the basis of weight and when it is an admitted fact that as required by the Warsaw Convention, the complainant had not declared any higher value for the baggage nor paid any additional charges, it is impossible to accept the verdict of the Forum below that the complainant can be allowed to claim any amount over and above the same. In the light of the above legal position, we are inclined to modify the order passed by the District Forum to the effect that the appellant/2nd opposite party is liable to pay the amount equivalent to 40 USD in stead of Rs.1,15,000/-. We are not inclined to set aside the order of compensation as well as the cost awarded by the District Forum.;