Hair in food: HC imposes Rs 35,000 on Air India for negligence
Chennai (PTI): 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 suffered vomiting sensation and stomach pain after eating the food.
Justice P B 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.
n his order, the judge said it was seen that the Air India officials have blown hot and cold even in their written statement.
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. A senior Catering Manager also attempted to meet the plaintiff after the flight landed, but the passenger refused to meet him and instead directly went to the Airport Manager's Office to give the complaint, the judge added.
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.
Whether the suit was bad for non-joinder of the caterer, the passenger has a contract with Air India for travel from Colombo to Chennai. Admittedly, the ticket cost paid by him was only to Air India. The ticket cost includes meals to be provided on board the aircraft.
The passenger has absolutely no privity of contract with the caterer, and the food and other beverage services that were provided by Air India to the passengers on board was an independent contract between the carrier and the caterer. As far as the passenger was concerned, his contract was only with Air India and the contract, namely the ticket costs includes the food being provided to the passenger on board the aircraft, the judge added.
The judge said Air India was therefore clearly vicariously liable to compensate the passenger for the negligence, namely the presence of hair follicles in the food packet, even though the food packet may not have been prepared by the defendants, but only through their agents, namely Ambassador Pallava.
"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 added.
The judge said for want of proving the loss or injuries suffered by the passenger, he cannot become entitled to any compensation. The Trial Court, on its own motion, having found Air India to be negligent, as a sequel, has proceeded to award a minimum compensation of Rs one lakh. However, this was clearly unsustainable in the light of the admitted position that there was absolutely no iota of evidence on the side of the passenger to establish the loss or injury suffered on account of the negligence caused by Air India.
"Therefore, I am constrained to set aside the award of compensation at Rs one lakh", the judge added.
The judge said at the same time, having found that Air India has been negligent and mischievously attempted to pass on liability to the caterer engaged by them, the judge said "I am inclined to impose costs on the defendants/appellants."
"While setting aside the decree for compensation at the rate of Rs 1,00,000, 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.
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Punjab: Four-year-old boy rescued after falling into borewell in Hoshiarpur
Hoshiarpur (Punjab) (PTI): A four-year-old boy who fell into a newly dug borewell while playing near his home in Punjab's Hoshiarpur district was rescued safely after an intense, nine-hour operation involving multiple rescue agencies and local volunteers, officials said.
The incident occurred on Friday night at Chak Samana village, located near Bhikhowal along the Hoshiarpur-Dasuya road.
The boy, identified as Gurkaran Singh, was trapped inside the borewell at a depth of around 20 to 30 feet, officials said.
Rescue teams pulled him out around 12.40 am and immediately shifted him to a hospital for medical examination and treatment.
Upon being rescued, an NDRF (National Disaster Response Force) personnel carried him in his arms. Though the boy's face was covered in soil, he appeared stable.
The child's family and villagers hugged the NDRF personnel and other rescuers profusely, thanking them for their efforts in the entire rescue operation.
Deputy Commandant NDRF Pankaj Sharma told PTI Videos that the child's condition was stable. He noted that the rescue operation was challenging because of the loose soil that kept collapsing. "Our rescuers put in a commendable effort throughout the entire rescue operation," he stated.
Officials said the operation was a collaborative effort involving teams from the NDRF, the State Disaster Response Force (SDRF), Punjab Police, district administration officials, fire brigade personnel, and local volunteers.
Punjab minister Ravjot Singh and AAP MP Raj Kumar Chabbewal remained present at the site throughout the rescue operation and monitored the efforts.
Deputy Commissioner Aashika Jain said the administration swung into action immediately after receiving information about the incident around 4 pm.
She said the child had slipped into an open borewell adjoining the family's house.
According to officials, the borewell had recently been made operational, and the work to fill gravel and soil around it was still pending.
Jain said rescue teams initially lowered a camera and oxygen pipe into the borewell to monitor the child's condition and ensure oxygen supply.
"The child's movements were visible in the footage initially, which helped rescuers assess the situation," she said.
Officials said loose soil later fell inside the borewell, making camera monitoring difficult and adding to the complexity of the operation.
The deputy commissioner said rescuers dug a parallel pit up to a depth of around 25 to 30 feet before creating a narrow tunnel to reach the child safely.
Officials said that heavy machinery, including earth-moving equipment, was arranged by the administration and local villagers.
They described the soil as sandy in nature, which posed a challenge as it repeatedly collapsed. Care was taken to use the machinery cautiously, ensuring that the soil would not fall on the child and jeopardise his safety.
Jain said more than 40 NDRF personnel participated in the rescue effort.
She thanked the NDRF, SDRF, Punjab Police, civil administration officials, medical teams, volunteers and locals for their coordinated efforts and commitment in ensuring the child's safe rescue.
Senior Superintendent of Police Sandeep Kumar Malik commended the rescue teams, stating that their dedication and teamwork were vital in saving the child's life.
Earlier during the operation, the administration had also called the child's mother to the site and asked her to speak to him so that he could hear a familiar voice and remain calm.
Oxygen was supplied to him through a pipe into the borewell.
Minister Ravjot Singh said medical and emergency teams had remained on standby throughout the operation to provide immediate treatment to the child after rescue.
MP Chabbewal described it as a highly sensitive and challenging rescue mission and said continuous efforts by all agencies helped make the operation successful.
Large numbers of locals had gathered near the site as rescue teams continued operations through the night.
