Madras HC directs Air India to pay ₹35,000 to passenger over hair in meal
The passenger experienced vomiting sensation and stomach pain after eating the food.
The Madras High Court has directed Air India to pay ₹35,000 to a passenger, who suffered health complications after eating the food provided by the airliner that contained hair, PTI reported on Friday.
The passenger experienced vomiting sensation and stomach pain after eating the food.
Justice P B Balaji issued the order while partially upholding the appeal by Air India Limited, which had challenged a trial court order requiring it to pay ₹one lakh in compensation.
According to PTI, the judge noted that the Air India officials have been inconsistent, vacillating between hot and cold, even in their written statements.
“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,” the judge wrote.
He added that a senior Catering Manager also attempted to meet the plaintiff after the flight landed, but the passenger refused to meet him and instead went directly to the Airport Manager's Office to give the complaint.
"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, according to PTI.
The judge said that Air India was clearly liable to compensate the passenger for negligence, specifically the presence of hair follicles in the food packet. Although the food may not have been prepared directly by the defendants, it was prepared by their agents, namely Ambassador Pallava, the judge noted.
"Therefore, I do not find any error committed by the trial Court in finding the defendants' negligence and also the suit being not maintainable on the ground of non-joinder of the caterer", the judge wrote in his order.
(Inputs from PTI)
