MANZOOR AHMAD KHAN vs AIR INDIA BAGGAGE SERVICES LIMITED

APPELLANT''s claim on account of loss of baggage booked with the respondent Airlines while travelling from Riyadh to Bombay and then from Bombay to New Delhi amounting to Rs. 26,4,000/- equivalent to $ 660 @ $ 20 per kg besides expenditure, interest and damages for mental agony and harassment was declined by the District Forum vide order dated 16.9.199 on the ground that the appellant had failed to prove the weight loss as he was handed over a packet of 30 kgs. by the respondent and not 50 kgs.

FEELING aggrieved by the impugned order the appellant has preferred this appeal. The case of the appellant in brief is that while boarding the Air India Flight No. 866 on 3.8.1997 at 8.30 p.m. he had handed over two packets of cargo at Riyadh Airport that weighed 50 kgs. and since under the rules appellant was allowed free baggage allowance to the extent of 20 kgs. each baggage, the respondent charged excess baggage charge for 10 kgs. and was issued the excess baggage ticket. Admittedly on the passenger ticket of the appellant two baggages being handed over were mentioned but according to the appellant the weight of 30 kgs. was wrongly mentioned instead of 50 kgs. However, when the flight reached IGI Airport the respondent received only one package containing Colour TV and the another package did not arrive at Delhi and was found missing. In spite of search of the package for 21 days the missing package could not be traced leading to the filing of the instant claim of the appellant. However, appellant was paid Rs. 1,500/- towards interim relief.

Now the question arises as to what was the weight of the lost packet and what was the liability of the respondent towards the appellant. As against this the respondent has taken the plea that the very fact that the appellant was charged for 10 kgs. as excess baggage shows that the total weight of the package he was carrying was 30 kgs. and so was mentioned on the ticket and not 50 kgs. as alleged by the appellant the respondent had handed over only one package and this is borne from the admission made by the respondent in para 5 of its reply as well as vide letter dated 8.9.1997 where it was handed over two packets as there is endorsement on the ticket to this effect.

THE contention of the Counsel for the appellant that the weight of the baggage, which he booked, was 50 kgs. cannot be accepted on the face of it as it is neither supported by any evidence nor by any other material. THE very fact that there was an endorsement made on the ticket that two packets were handed over to the respondent weighing 30 kgs. shows that the total weight of the baggege booked by the appellant was 30 kgs. and not 50 kgs. Since the appellant was charged for extra weight of 10 kg. the only inference that can be drawn is that each packet weighed 15 kgs. So far as the plea or the defence of the respondent is concerned that there was no loss of baggage, it does not hold water as from the documents produced by the parties particularly the respondent it is clear that only one packet was handed over and not two. Had the two packets been handed over to the appellant the question of payment of interim relief of Rs. 1,500/- to the appellant would not have arisen, nor the respondent would have admitted in reply that only one packet out of two was handed over and search for the second packet went in vein. As per Rule 22(2) contained in Second Schedule to the "Carriage by Air Act, 1972", the liability of the carrier is limited to a sum of 250 franks per kg. unless the passenger or consignee has made, at the time when package was handed over to the carrier, a declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires and in that case the carrier will be liable to pay a sum not exceeding the declared sum unless he proves that sum is greater than the passenger''s actual interest in delivery at destination.

FROM the aforesaid conclusion we find that the appellants is entitled to the compensation for only one packet weighing 15 kgs. as per provision of Rule 22 referred above. In the result, we allow the appeal and direct the respondent to pay $ 660 in Indian rupees excluding Rs. 1,500/- already paid to the appellant by the respondent as interim relief within one month. The respondent shall also pay compensation to the extent of Rs. 5,000/- towards the mental agony and harassment suffered by the appellant as well as Rs. 1,000/- as cost of litigation. The appeal is disposed of in above terms.

A copy of this order as per statutory requirements be forwarded to the parties free of charges and also to the concerned District Forum. The records received from the District Forum be also returned to the concerned District Forum and thereafter the file be consigned to Record Room. The FDR if any deposited by the appellant be returned to the appellant after completing necessary formalities. Appeal disposed of.