S. Parvatha Rao, President:
1. This isa case of missing baggage for which the Indian Airlines represented by the opposite party issued a Misplaced Baggage Receipt bearing MBR No. B-6306 dated 28.7.1989 signed by the complainant and the Duty Officer of the Indian Airlines and showing the value of the baggage involved as Rs. 4,000/-. The only question that arises in this case is as regards the quantum of compensation to be paid by the opposite party to the complainant. In the complaint dated 7.8.1990 the complainant claimed cost of the baggage consisting, according to him, articles valued at Rs. 59,144,40 Ps. and also damages of Rs. 1,00,000/-. The complainant seeks directions to the opposite party to pay Rs. 1,59,144.40 paise together with interest thereon at 24% per annum from the date of loss i.e. 27.7.1989 till the date of payment and costs. The opposite party in its version/counter dated 5.10.1990 admitted that the baggage was lost and stated that it offered to compensate the complainant for his lost baggage at the rate of US $ 20 per kg. weight of the lost baggage weight of 9 kg. and the opposite party offered to pay the rupee equivalent of US $ 180. The question is whether the complainant is entitled to anything more than what was offered by the opposite party.
2. First the facts in brief. The complainant was holding a Pakistan International Airlines Corporation (PIA) ticket for travel from Dhahran to Hyderabad via Karachi and Bombay on 24.7.1989. He landed at Bombay on 27.7.1989 and pursuant to the understanding between PIA and Indian Airlines for carriage of PIA passengers in India he got into the Indian Airlines Flight No. IC-117 from Bombay to Hyderabad and reached Hyderabad on the same day at 22.00 hours. After the complainant landed at Hyderabad he discovered that his suit case was missing and reported the matter to the Indian Airlines Authorities at the Begumpet Airlines who then issued to him the Missing Baggage Receipt. According to the complainant the Indian Airlines representative erroneously and without his knowledge had shown the value of the lost baggage as Rs. 4,000/-, but the fact remains that he did not protest about it when he signed and received the Missing Baggage Receipt. The complainant states that even though he was assured that his baggage would be restored to him within couple of days the Indian Airlines did not restore it. He got issued a notice dated 22.9.1989 (marked as Ex. A-2) to the Indian Airlines through his Advocate demanding payment of Rs. 59,144.40 paise towards cost of articles in that baggage and also Rs. 1,00,000/- towards damages. He also got mentioned in that notice the articles in the baggage and their value both in riyals and in rupees. He further got stated in that notice that he kept in the lost baggage his driving licence, insurance card and other service papers and that if those papers were lost he would lose his job in Saudi Arabia and that loss also should have to be reimbursed by the Indian Airlines. By letter dated 29th/31st January, 1990 (marked as Ex. A-6) the Indian Airlines informed the complainant that they could not locate his missing baggage inspite of their best efforts and that they would be settling his claim as per the regulations and informed him as follows :
âWe would like to inform you that claim against non-delivery of baggage are settled on weight basis at the rate of USD 20/- per kg. when the tickets issued for International-cum-domestic journey. The weight of your mishandled baggage being 9 kgs. the compensation payable works out to USD 180/- which will be paid in INR.
By means of a copy of this letter, we are advising our Finance Department, Madras to forward you a cheque in Indian Rupees equivalent to USD 180/- in full and final settlement of your claim.â
Along with that letter a Discharge Voucher was enclosed with a request to the complainant to sign it across the revenue stamp duly witnessed and to return the same to the Indian Airlines to enable them to issue settlement cheque. This was reiterated by the Indian Airlines in its letter dated 28.2.1990/5.3.1990.
3. The original of the used PIA ticket of the complainant and copy of the misplaced baggaged receipt (marked as Exs. B-1 and B-2) are before us. Ex. B-1 contains the following :
âNotice of Baggage Liability Limitations
âLiability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US $ 9.07 per pound (US $ 20.00 per kilo) for checked baggage and US $400 per passenger for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airlines baggage liability to be at least US $ 1,250 per passenger. Excess valuation may not be declared on certain types ofarticles. Some carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the carrier.â
Counsel for the opposite party relied on Sub-rule (2) of Rule 22 of the First Schedule to the Carriage by Air Act, 1972 which provided as follows :
â(2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.â
Sub-section (1) of Section 3 of that Act provides that âthe rules contained in the First Schedule, being the provisions of the Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons; shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriageâ. Section 2(ii) of that Act defines âConvention as meaningâ the convention for the unification of certain rules relating to international carriage by air signed at Warsaw on the 12th day of October, 1929â. Section 6 of that Act deals with conversion of francs. It provides as follows :
âAny sum in francs mentioned in Rule 22 of the First Schedule...shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court.â
There can be no doubt that Rule 22(2) is attracted to the facts of the present case and that the opposite party shall have to pay at the rate of250 francs per kilogramme converted into rupees as per Section 6 read with Rule 22(4) of the First Schedule of The Carriage by Air Act, 1972. The weight of the baggage lost was given by the Indian Airlines as 9 kilogrammes and that was not disputed by the complainant. It is not the case of the complainant that he gave any special declaration of the value of the baggage and its contents at the time of delivery. The opposite party therefore has to pay 2,250 francs for the loss of the baggage to the complainant or the rupee equivalent of it as per Section 6 of the Carriage by Air Act, 1972 referred to earlier. The payment, if not already made, shall be made within eight weeks from today i.e. by 2.7.1999.
The C.D. is accordingly allowed in part. We are not inclined to award costs because the opposite party already offered to pay at the rate of US $ 20 per kilogramme by letters dated 29th/ 31st January, 1990 and 5th March, 1990.
Complaint partly allowed.