AI Structured Summary
Not yet generated for this judgment
Judgment
THIS revision petition has been filed by the petitioner against the order dated 3.5.2012 passed by the Goa State Consumer Disputes Redressal
Commission, Panaji (in short, ''the State Commission'') in Appeal No. 02/2012, Mrs. Maria Easter d''Abreu Noronha & Anr. v. The M.D., Indian
Airlines/Air India by which, while allowing appeal, order of District forum allowing complaint was modified and compensation was enhanced. Brief
facts of the case are that complainants/respondents travelled from Mumbai to Goa on 14.3.2009 by OP/petitioner by Flight No. IC/613.
Complainant No. 1 was about 76 years of age so, wheel -chair was requested. An attendant came with wheel -chair. Complainant No. 1 was
being wheeled by the said attendant, the right hand arm rest of the wheel -chair gave way and the complainant No. 1 had a fall on the ground and
suffered fracture around her right hip joint. Airport Medical Doctor attended her and she was admitted to SMRC hospital, but as complainant
preferred to go to Grace Cardiac Care Hospital, she was taken their by ambulance. She was discharged from hospital on 28.3.2009 and was
advised physiotherapy from 30.3.2009 to 29.5.2009, which she underwent. Complainant asked OP to reimburse Rs. 1,03,671.75 as medical
expenses and Rs. 4,00,000 as compensation, but OP intimated that they were ready to settle the legitimate medical bills within the framework of
their rules and regulations. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and
submitted that due to uneven surface wheel -chair tilted and complainant fell down, so, no negligence can be attributed to the attendant. It was
further submitted that as per complainant''s advice, she was taken to Grace Cardiac Care Hospital at Margao in an ambulance along with airport
officers and attendant and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint partly and
directed OP to pay Rs. 79,672 as hospitalization charges. Complainant filed appeal before State Commission and learned State Commission vide
impugned order enhanced medical expenditure to Rs. 1,03,680 and enhanced compensation from Rs. 25,000 to Rs. 2,00,000 and further
awarded Rs. 5,000 as cost against which, this revision petition has been filed.
RESPONDENT did not appear even after service and sent a letter with a request that the matter may be decided as per record.
Heard learned Counsel for the petitioner and perused record.
LEARNED Counsel for the petitioner submitted that learned District Forum allowed medical expenses and compensation on higher side; even
then, learned State Commission committed mistake in enhancing this amount without any justification; hence, revision petition be allowed and
impugned order be set aside.
LEARNED State Commission in paragraph 14 of the judgment observed that complainant incurred expenditure of Rs. 13,258 on medicines
and it was further observed that bills issued by Grace Hospital were of value of Rs. 1,30,000 whereas, learned District forum observed that
complainant included expenditure incurred on taxi travel in the claim and in such circumstances, allowed only Rs. 79,672 (being difference between
hospitalization charges and charges said to have been paid to the attendant). We do not find any bill of the Grace Hospital for Rs. 1,30,000 and in
such circumstances. State Commission has committed error in allowing Rs. 1,03,680 the amount claimed by complainant in complaint and we are
of the view that amount awarded by learned District Forum in respect of medical expenditure was correct.
Learned District Forum allowed Rs. 25,000 as compensation and learned State Commission enhanced it to Rs. 2,00,000 on the ground that
complainant was deprived of ordinary pleasures of life with her grand -child and social status of the complainant and of the airlines. On the other
hand, learned Counsel for the petitioner has drawn our attention towards Clause 1A of the conditions of contract relating to Non -International
Carriage according to which, in case of injury to a passenger, passenger was entitled to get Rs. 750 per day during the period he remained
disabled with a maximum limit of Rs. 1,50,000. As per complaint, complainant remained hospitalized for a period of 14 days and as per Clause
1A, she was entitled to Rs. 10,500, whereas District Forum had already allowed Rs. 25,000 as compensation. In such circumstances, there was
no justification with the State Commission for enhancing compensation from Rs. 25,000 to Rs. 2,00,000.
WE are of the view that learned District Forum''s order allowing medical expenses and compensation was most appropriate and learned State
Commission without any justification enhanced amount which is liable to set aside. Consequently revision petition filed by the petitioner is allowed
and impugned order dated 3.5.2012 passed by learned State Commission in Appeal No. 2 of 2012, Mrs. Maria Easter d''Abreu Noronha & Anr.
v. The Managing Director/Chairman, Indian Airlines/Air India is set aside with no order as to costs.