Madras HC orders Air India to pay Rs 35,000 after hair found in food
Justice PB Balaji gave the directive recently while partly allowing the appeal filed by Air India Limited, which challenged an order of a trial court that directed it to pay a compensation of Rs one lakh.
Madras High Court
CHENNAI: The Madras High Court has directed private carrier Air India to pay Rs 35,000 to a passenger who suffered health complications after eating the food provided by the airliner that contained hair.
He experienced vomiting and stomach pain after eating the food.
Justice PB Balaji gave the directive recently while partly allowing the appeal filed by Air India Limited, which challenged an order of a trial court that directed it to pay a compensation of Rs one lakh.
The judge said that in one breath, they claimed that there were seven airline staff on board, and the plaintiff (passenger) never complained to any of them. However, on their own volition, at paragraph No 10 of the written statement, it admitted that the passenger orally complained, which was also radioed through the Company channel immediately.
On an overall reading of the written statement, "I cannot gather any denial of the incident anywhere." "On the contrary, as discussed aforesaid, the defendants, in fact, admit to the allegation that the hair follicle was found in the food packet provided to the passenger. In view of the above, I do not find that the plaintiff has to be non suited on the ground of non-impleading the caterer, Ambassador Pallava, merely because the food packet contains the name of the caterer and that the defendants have no role to play in the preparation of the food, the defendants cannot wash off their heads and contend that compensation, if any, has to be met only by the caterer and not by the defendants", the judge added.
The judge said that, for want of proving the loss or injuries suffered by the passenger, he cannot become entitled to any compensation. "Therefore, I am constrained to set aside the award of compensation at Rs one lakh", the judge added.
"I am inclined to direct the defendants to pay the costs of the suit, namely the Court fee and expenses to the tune of Rs 15,000 and the counsel's fee of Rs 20,000. In all, the defendants shall pay a sum of Rs 35,000 as costs to the plaintiff/respondent, within a period of four weeks," the judge added.