Kerala High Court
Vattaparambil Moidutty vs Union Of India on 8 April, 2021
W.P(c).Nos.9124/21, 9156/21,
9179/21 & 9271/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9124 OF 2021(M)
PETITIONER:
VATTAPARAMBIL MOIDUTTY
AGED 64 YEARS
S/O.VATTAPARAMBIL KUNHIBAPPU, R/AT VATTAPPARAMBIL
HOUSE, NANNAMUKKU SOUTH P.O., MALAPPURAM.
BY ADVS.
SRI.KODOTH SREEDHARAN
SRI.ARUN FRANCIS
SRI.K.P.MUHAMMAD ARIF
SHRI.ABDUL JALEEL.U.K
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL
AVIATION, NEW DELHI-110001.
2 AIR INDIA EXPRESS LIMITED,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD,
ERNAKULAM, KOCHI-682016.
SRI.P.VIJAYA KUMAR, ASGI,
SRI.V.ABRAHAM MARKOS,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021 ALONG WITH WPC.NOS.9156/2021, 9179/2021 & 9271/2021
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).Nos.9124/21, 9156/21,
9179/21 & 9271/21 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9156 OF 2021(T)
PETITIONER:
MURSHIDA SHIRIN
AGED 21 YEARS
D/O MUSTHAFA, R/AT KUNDULIYIL (H),
KULUKALLUR P.O,PALAKKAD DISTRICT.
BY ADVS.
SRI.KODOTH SREEDHARAN
SRI.K.P.MUHAMMAD ARIF
SRI.ARUN FRANCIS
SHRI.ABDUL JALEEL.U.K
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL
AVIATION, NEW DELHI-110 001.
2 AIR INDIA EXPRESS LIMITED,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
CORPORATE OFFICE, AIR INDIA EXPRESS LTD,
DH ROAD, ERNAKULAM, KOCHI-682 016.
SRI.P.VIJAYAKUMAR, ASGI
SRI.V.ABRAHAM MARKOS, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, ALONG WITH WPC.NOS.9124/2021, 9179/2021 & 9271/2021
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).Nos.9124/21, 9156/21,
9179/21 & 9271/21 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9179 OF 2021(V)
PETITIONER:
ABDUL KABEER UNNI MOIDEEN
AGED 42 YEARS,
S/O.UNNI MOIDEEN,
R/AT 4/35H, KAMBADI,
PADANTHORAI.P.O,
DEVARSHOLAI, NILGIRIS,
THAMILNADU - 643 211.
BY ADVS.
SRI.KODOTH SREEDHARAN
SRI.ARUN FRANCIS
SRI.K.P.MUHAMMAD ARIF
SHRI.ABDUL JALEEL.U.K
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF CIVIL AVIATION,
NEW DELHI - 110 001.
2 AIR INDIA EXPRESS LIMITED,
REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR,
CORPORATE OFFICE, AIR INDIA EXPRESS LTD.,
DH ROAD, ERNAKULAM, KOCHI-682016.
SRI.P.VIJAYAKUMAR, ASGI
SRI.V.ABRAHAM MARKOS, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021 ALONG WITH WPC.NOS.9124/2021, 9156/2021 & 9271/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).Nos.9124/21, 9156/21,
9179/21 & 9271/21 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9271 OF 2021(H)
PETITIONER:
SHAHLA SHAJAHAN
AGED 21 YEARS
D/O.SHAJAHAN,
R/AT 8/24, PALLIPADI,
NANDHATTY, GUDALLUR.P.O,
NILGIRIS, THAMILNADU - 643 212.
BY ADVS.
SRI.KODOTH SREEDHARAN
SRI.K.P.MUHAMMAD ARIF
SRI.ARUN FRANCIS
SHRI.ABDUL JALEEL.U.K
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF CIVIL AVIATION,
NEW DELHI - 110 001.
2 AIR INDIA EXPRESS LIMITED,
REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR,
CORPORATE OFFICE, AIR INDIA EXPRESS LTD.,
DH ROAD, ERNAKULAM, KOCHI-682016.
SRI.P.VIJAYAKUMAR, ASGI
SRI.V.ABRAHAM MARKOS, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021 ALONG WITH WPC.NOS.9124/2021, 9156/2021 & 9179/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).Nos.9124/21, 9156/21,
9179/21 & 9271/21 5
P.V.ASHA, J.
-----------------------------------------------------
W.P(c) No.9124 of 2021-M,
9156 of 2021-T, 9179 of 2021-V
and
9271 of 2021-H
----------------------------------------------------
Dated this the 8th day of April, 2021
JUDGMENT
In all these Writ Petitions, petitioners were passengers who got injured in the
accident which occurred on 07.08.2020 at the Karippur International Airport,
Kozhikode during landing of the Air India Express Dubai - Kozhikode Flight IX-
1344, an international air carrier.
2. The petitioners have prayed for a direction to the respondents to offer
compensation as required under Rule 25 to 29 and Rule 22(6) of Schedule 3 of the
Carriage by Air Act, 1972 at the similar range and level of compensation fixed as
in Exts.P11 and P11(a), laid down in Paragraph 49 of the judgment in National
Insurance Co. Ltd. V M/s. Bhogura Polyfab Pvt. Ltd. [(2009(1) SCC 267)] and
also to grant them liberty to approach the Consumer Forum for the balance
amount. They have also prayed for a direction to the respondents to pay the
liability of One Lakh (now enhanced to 1,38,000) Special Drawing Right as injury
compensation and loss of baggage under Rule 21(1) and 22(1) of the Third
Schedule of the Act and cargo and baggage claim.
3. The 2nd respondent has filed preliminary counter affidavits in similar
Writ Petitions, explaining the procedure followed till this time. The learned Senior
W.P(c).Nos.9124/21, 9156/21,
Counsel for the 2nd respondent submits that offer letters have not been issued in
two of these Writ Petitions.
4. The learned Senior counsel for the 2nd respondent also submits that the
claims would be considered in accordance with the priority with reference to the
nature of injuries sustained by the passengers. In the case of all the petitioners,
who have submitted claims, that will be considered in accordance with the very
same priority. It is also submitted that offer letters would be issued at the earliest
and as and when such offer letters are issued, respective petitioners can appear
before the respondents for negotiation, which would be considered on the basis of
materials. It is also pointed out that the offer would be made as without prejudice
letters and petitioners would be free to attend the negotiation.
5. A similar case was already disposed of by Ext.P11 judgment dated
27.01.2021 in W.P.(C).No.27970/2020 with the following direction:-
"In the circumstances, this writ petition is disposed of directing the
2nd respondent to disburse the amount of ₹1,51,08,234/- in respect of
compensation offered in respect of the 2nd petitioner, to the
petitioners forthwith, in accordance with law. If the petitioners are
aggrieved/dissatisfied by the offer made by the 2nd respondent in
respect of compensation for the death of Sharafudeen or for the injury
of the 1st petitioner, it is made clear that the petitioners will be at
liberty to approach this Court or any other appropriate legal forum
for redressal of their grievances, in accordance with law."
These writ petitions are also disposed of, in the light of the aforesaid
W.P(c).Nos.9124/21, 9156/21,
direction, making it clear that the petitioners would be at liberty to approach this
Court or any other appropriate legal forum for redressal of their grievances in
accordance with law, in case they are dissatisfied with the offer, which would be
made by the 2nd respondent.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(c).Nos.9124/21, 9156/21,
APPENDIX IN WPC.9124/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.32550/10 DATED 20.07.2011 REPORTED
IN 2011(3)KHC 199 (ABDUL SALAM VS.UNION OF
INDIA).
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN
WA.NO.1197/2011 DATED 25.08.2011 REPORTED
IN 2011(3)KHC 761 (NATIONAL AVIATION
COMPANY VS.ABDUL SALAM).
EXHIBIT P3 TRUE COPY OF THE TEXT OF THE SPEECH DATED
30.04.2008 OF THE MINISTER FOR CIVIL
AVIATION.
EXHIBIT P4 TRUE COPY OF THE WORKING PAPER BY
INTERNATIONAL CIVIL AVIATION ORGANIZATION
DATED 27.09.2010.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE
PREPARATORIES IN THE INTERNATIONAL
CONFERENCE WHICH LED TO THE MONTREAL
CONVENTION DATED 14.05.1999.
EXHIBIT P6 TRUE COPY OF THE ORDER IN
WP(C)NO.23097/2011 DATED 05.09.2011.
EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT IN
WP(C)NO.23097/2011 AND WA NO.1380/2011
DATED 29.09.2011.
EXHIBIT P8 TRUE COPY OF THE FILLED IN FORMAT GIVEN TO
THE 2ND RESPONDENT DATED 29.03.2021.
EXHIBIT P9 TRUE COPY OF THE SETTLEMENT VOUCHER
PREPARED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE MEDICAL RECORD DATED
07.08.2020 OF THE PETITIONER.
EXHIBIT P10(A) TRUE COPY OF THE MEDICAL CERTIFICATE DATED
08.08.2020 OF THE PETITIONER.
EXHIBIT P10(B) TRUE COPY OF THE MEDICAL RECORD DATED
09.08.2020 OF THE PETITIONER.
EXHIBIT P10(C) TRUE COPY OF THE MEDICAL RECORD DATED
12.08.2020 OF THE PETITIONER.
W.P(c).Nos.9124/21, 9156/21,
EXHIBIT P10(D) TRUE COPY OF THE MEDICAL RECORD DATED
18.08.2020 OF THE PETITIONER.
EXHIBIT P10(E) TRUE COPY OF THE MEDICAL RECORD DATED
16.11.2020 OF THE PETITIONER.
EXHIBIT P10(F) TRUE COPY OF THE MEDICAL RECORD DATED
26.11.2020 OF THE PETITIONER.
EXHIBIT P10(G) TRUE COPY OF THE MEDICAL RECORD DATED
27.11.2020 OF THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)
27970/2020 DATED 27.01.2021 BY THIS HON'BLE
COURT.
EXHIBIT P11(A) TRUE COPY OF THE OFFER VOUCHER IN THE NAME
OF AMEENA SHERIF.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.2914/2019 DATED 03.03.2020.
W.P(c).Nos.9124/21, 9156/21,
APPENDIX IN WPC.9156/2021
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.32550/10 DATED 20.07.2011 REPORTED
IN 2011(3)KHC 199 (ABDUL SALAM VS.UNION OF
INDIA).
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN
WA.NO.1197/2011 DATED 25.08.2011 REPORTED
IN 2011(3)KHC 761 (NATIONAL AVIATION
COMPANY VS.ABDUL SALAM).
EXHIBIT P3 TRUE COPY OF THE TEXT OF THE SPEECH DATED
30.04.2008 OF THE MINISTER FOR CIVIL
AVIATION.
EXHIBIT P4 TRUE COPY OF THE WORKING PAPER BY
INTERNATIONAL CIVIL AVIATION ORGANIZATION
DATED 27.09.2010.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE
PREPARATORIES IN THE INTERNATIONAL
CONFERENCE WHICH LED TO THE MONTREAL
CONVENTION DATED 14.05.1999.
EXHIBIT P6 TRUE COPY OF THE ORDER IN
WP(C)NO.23097/2011 DATED 05.09.2011.
EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT IN
WP(C)NO.23097/2011 AND WA NO.1380/2011
DATED 29.09.2011.
EXHIBIT P8 TRUE COPY OF THE FILLED IN FORMAT GIVEN TO
THE 2ND RESPONDENT DATED 08.01.2021.
EXHIBIT P9 TRUE COPY OF THE SETTLEMENT VOUCHER
PREPARED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE MEDICAL RECORD DATED
07.08.2020 OF THE PETITIONER.
EXHIBIT P10(A) TRUE COPY OF THE MEDICAL RECORD DATED
09.08.2020 OF THE PETITIONER.
EXHIBIT P10(B) TRUE COPY OF THE MEDICAL RECORD DATED
18.08.2020 OF THE PETITIONER.
EXHIBIT P10(C) TRUE COPY OF THE MEDICAL RECORD DATED
31.10.2020 OF THE PETITIONER.
EXHIBIT P10(D) TRUE COPY OF THE MEDICAL RECORD DATED
W.P(c).Nos.9124/21, 9156/21,
11.02.2021 OF THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)
27970/2020 DATED 27.01.2021 BY THIS HON'BLE
COURT.
EXHIBIT P11(A) TRUE COPY OF THE OFFER VOUCHER IN THE NAME
OF AMEENA SHERIF.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.2914/2019 DATED 03.03.2020.
W.P(c).Nos.9124/21, 9156/21,
APPENDIX IN WPC.9171/2021
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.32550/10 DATED 20.07.2011 REPORTED
IN 2011(3)KHC 199 (ABDUL SALAM VS.UNION OF
INDIA).
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN
WA.NO.1197/2011 DATED 25.08.2011 REPORTED
IN 2011(3)KHC 761 (NATIONAL AVIATION
COMPANY VS.ABDUL SALAM).
EXHIBIT P3 TRUE COPY OF THE TEXT OF THE SPEECH DATED
30.04.2008 OF THE MINISTER FOR CIVIL
AVIATION.
EXHIBIT P4 TRUE COPY OF THE WORKING PAPER BY
INTERNATIONAL CIVIL AVIATION ORGANIZATION
DATED 27.09.2010.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE
PREPARATORIES IN THE INTERNATIONAL
CONFERENCE WHICH LED TO THE MONTREAL
CONVENTION DATED 14.05.1999.
EXHIBIT P6 TRUE COPY OF THE ORDER IN
WP(C)NO.23097/2011 DATED 05.09.2011.
EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT IN
WP(C)NO.23097/2011 AND WA NO.1380/2011
DATED 29.09.2011.
EXHIBIT P8 TRUE COPY OF THE FILLED IN FORMAT GIVEN TO
THE 2ND RESPONDENT DATED 25.03.2021.
EXHIBIT P9 TRUE COPY OF THE SETTLEMENT VOUCHER
PREPARED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE MEDICAL RECORD DATED
16.12.2020 OF THE PETITIONER.
EXHIBIT P10(A) TRUE COPY OF THE MEDICAL CERTIFICATE DATED
17.03.2021 OF THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)
27970/2020 DATED 27.01.2021 BY THIS HON'BLE
COURT.
W.P(c).Nos.9124/21, 9156/21,
EXHIBIT P11(A) TRUE COPY OF THE OFFER VOUCHER IN THE NAME
OF AMEENA SHERIN.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.2914/2019 DATED 03.03.2020.
W.P(c).Nos.9124/21, 9156/21,
APPENDIX IN WPC.9271/2021
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.32550/10 DATED 20.07.2011 REPORTED
IN 2011(3)KHC 199 (ABDUL SALAM VS.UNION OF
INDIA).
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN
WA.NO.1197/2011 DATED 25.08.2011 REPORTED
IN 2011(3)KHC 761 (NATIONAL AVIATION
COMPANY VS.ABDUL SALAM).
EXHIBIT P3 TRUE COPY OF THE TEXT OF THE SPEECH DATED
30.04.2008 OF THE MINISTER FOR CIVIL
AVIATION.
EXHIBIT P4 TRUE COPY OF THE WORKING PAPER BY
INTERNATIONAL CIVIL AVIATION ORGANIZATION
DATED 27.09.2010.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE
PREPARATORIES IN THE INTERNATIONAL
CONFERENCE WHICH LED TO THE MONTREAL
CONVENTION DATED 14.05.1999.
EXHIBIT P6 TRUE COPY OF THE ORDER IN
WP(C)NO.23097/2011 DATED 05.09.2011.
EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT IN
WP(C)NO.23097/2011 AND WA NO.1380/2011
DATED 29.09.2011.
EXHIBIT P8 TRUE COPY OF THE FILLED IN FORMAT GIVEN TO
THE 2ND RESPONDENT DATED 01.04.2021.
EXHIBIT P9 TRUE COPY OF THE SETTLEMENT VOUCHER
PREPARED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE MEDICAL RECORD DATED
08.08.2020 OF THE PETITIONER.
EXHIBIT P10(A) TRUE COPY OF THE MEDICAL RECORD DATED
14.08.2020 OF THE PETITIONER.
EXHIBIT P10(B) TRUE COPY OF THE MEDICAL RECORD DATED
21.08.2020 OF THE PETITIONER.
EXHIBIT P10(C) TRUE COPY OF THE MEDICAL RECORD DATED
26.10.2020 OF THE PETITIONER.
W.P(c).Nos.9124/21, 9156/21,
EXHIBIT P10(D) TRUE COPY OF THE MEDICAL RECORD DATED
09.12.2020 OF THE PETITIONER.
EXHIBIT P10(E) TRUE COPY OF THE MEDICAL RECORD DATED
25.12.2020 OF THE PETITIONER.
EXHIBIT P10(F) TRUE COPY OF THE MEDICAL RECORD DATED
25.12.2020 OF THE PETITIONER.
EXHIBIT P10(G) TRUE COPY OF THE MEDICAL RECORD DATED
31.03.2021 OF THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)
27970/2020 DATED 27.01.2021 BY THIS HON'BLE
COURT.
EXHIBIT P11(A) TRUE COPY OF THE OFFER VOUCHER IN THE NAME
OF AMEENA SHERIF.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL
NO.2914/2019 DATED 03.03.2020.
