Kerala High Court
Mohammed Rehab Vadakkan (Minor) vs Union Of India on 20 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
WP(C) NO. 9961 OF 2021
PETITIONER:
MOHAMMED REHAB VADAKKAN (MINOR)
REPRESENTED BY HIS FATHER SHAMEER VADAKKAN,
1.
R/AT VATTAKANDATHIL HOUSE, PATHAPPIRIYAM P.O,
MALAPPURAM DISTRICT.
BY ADVS KODOTH SREEDHARAN
RESPONDENTS:
UNION OF INDIA
1. REPRESENTED BY ITS SECRETARY,
MINISTRY OF CIVIL AVIATION, NEW DELHI 110 001
AIR INDIA EXPRESS LIMITED,
REPRESENTED BY ITS CHAIRMAN ANDMANAGING DIRECTOR,
2.
CORPORATE OFFICE, AIR INDIA EXPRESS LTD, DH ROAD,
ERNAKULAM, KOCHI 682 016.
BY ADVS JOSEPH KODIANTHARA (SR.),SC
OTHER PRESENT:
SRI.P.VIJAYAKUMAR,ASGI
SRI.ABRAHAM JOSEPH MARKOS,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9961 OF 2021
2
P.V.ASHA J.
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W.P.(C).No.9961 of 2021
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Dated this the 20th day of May, 2021
J U D G M E N T
This writ petition is filed by a passenger who was
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. The petitioner has prayed for a
direction to the respondents to offer him 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), and in the
light of the principles 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 him liberty to
approach the consumer forum for the balance amount. He has
WP(C) NO. 9961 OF 2021
also prayed for a direction to the respondents to pay the
liability of One Lakh Special Drawing Right (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.
2. The 2nd respondent has filed a preliminary counter
affidavit in this writ petition, explaining the procedure
followed by them till this time, in the matters of determining
disbursing compensation on the claims received.
3. Heard Sri.Kodoth Sridharan, the learned counsel for
the petitioner and Senior counsel Sri.Joseph Kodianthara for
the 2nd respondent.
4. The learned Senior counsel for the 2 nd respondent
submitted that the claims are considered in accordance with
the priority with reference to the nature of injuries
sustained by the passengers. It is also submitted that offer
letter would be issued at the earliest, and as and when such
offer letter is issued, petitioner can appear before the
respondents for negotiation and further claims if any raised,
WP(C) NO. 9961 OF 2021
would be considered on the basis of materials. It is also
pointed out that the offer is made as without prejudice
letter, and petitioner would be free to attend negotiation.
The aforesaid submission made by the learned Senior counsel is
recorded. In the preliminary counter affidavit it is stated
that without prejudice letter is yet to be issued in the case
of petitioner in view of Ext.R2(a) letter requesting to put on
hold the assessment and Ext.R2(b) documents furnished on
12.04.2021 and that the offer letter would be issued in due
course.
5. Both sides submit that a similar writ petition 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
Rs.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 2 respondent
nd
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".
This writ petition is also disposed of, in the light of
the aforesaid direction, making it clear that the petitioner
WP(C) NO. 9961 OF 2021
would be at liberty to approach this Court or any other
appropriate legal forum for redressal of his grievances in
accordance with law, in case he is dissatisfied with the
offer.
Sd/-
P.V.ASHA, JUDGE
AS
WP(C) NO. 9961 OF 2021
APPENDIX
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 DT 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 WPC NO. 23097/2011 DATED 5-
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 12-04-2021
EXHIBIT P9 - TRUE COPY OF THE SETTLEMENT VOUCHER PREPARED BY THE
2ND RESPONDENT.
EXHIBIT P10 - TRUE COPY OF THE MEDICAL RECORD DT 8-08-2020 OF THE
PETITIONER.
EXHIBIT P11 - TRUE COPY OF THE JUDGMENT IN WP(C) NO. 27970/2020
DATED 27-01-2021 BY THIS HON'BLE COURT.
EXHIBIT P11(A) - TRUE COPY OF THE OFFER VOUCHER IN THE NAME OF
WP(C) NO. 9961 OF 2021
AMEENA SHERIF.
EXHIBIT P12 - TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.
2914/2019 DT 3-3-2020
RESPONDENTS EXHIBITS:
EXHIBIT R2(A) - TRUE COPY OF THE LETTER DATED 26.03.2021 ISSUED BY
THE PETITIONER TO THE SECOND RESPONDENT.
EXT.R2(B): TRUE COPY OF THE LETTER DATED 12.04.2021 ISSUED BY THE
PETITIONER TO THE SECOND RESPONDENT.
EXT.R2(C): TRUE COPY OF THE JUDGMENT DATED 08.03.2021 PASSED BY
THIS HON'BLE COURT IN WPC.NOS.4872/2021, 3506/2021, 3536/2021,
3681/2021 AND 3731/2021.
