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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Minister Patil chairs industry meetings to chart growth for key sectors in Karnataka
Bengaluru (PTI): Karnataka Minister M B Patil on Tuesday chaired meetings with industry representatives from the aerospace and defence, machine tools, auto/EV, and green energy sectors to discuss sector growth and government support measures.
The meetings were attended by leading industrialists and their representatives, with some participating virtually.
Speaking on the occasion, the minister for Large and Medium Industries said Karnataka is at the forefront of the country’s aerospace and defence sectors.
He noted that Suzuki and Toyota plan to launch aerial taxi services in Japan by 2028, with Bengaluru-based Sasmos supplying electrical equipment for the project.
Industrialists suggested introducing similar “fly-taxi” services in Karnataka through an appropriate policy, which Patil said would be examined seriously.
The minister highlighted the need to establish testing centres and Common Facility Centres for the aerospace and defence industries and assured that these facilities would be provided.
Suggestions were also made to prepare a comprehensive roadmap for sector growth.
Karnataka has urged the Central Government to approve Defence Corridor projects in the Bengaluru North–Kolar–Chikkaballapur and Dharawada–Vijayapura–Belagavi regions.
Industrialists also suggested a corridor between Bengaluru and Mysuru, Patil said.
He said Karnataka aims to become a hub for defence electronics manufacturing, with plans to establish a 200-acre Defence Electronics Park and a 100-acre Avionics and Sensor Park.
These projects will be implemented once the Special Investment Region is operational, and land availability will not be an issue.
On the machine tools sector, Patil said the industry has recorded an annual turnover of Rs 36,500 crore and is witnessing steady growth.
Large-scale exhibitions have increased demand, and the state must strengthen its capabilities to develop control systems for heavy machinery. One testing unit is already operational in Bengaluru, with another planned for Tumakuru. Expansion of vocational training institutes in industrial areas is also underway.
In the Auto and EV sector, Vision Group members highlighted the need for a network of dry ports and more EV charging stations across the state.
Patil noted that the Tata Group is manufacturing EV buses in Dharawada for nationwide supply. Plans for mini excavator production and export facilitation were also discussed, along with the establishment of a testing facility for two-wheeler EVs.
For the Green Energy sector, the group emphasised the need for a suitable policy on battery-based energy storage and the establishment of data centres.
Patil assured that the government will seriously consider all suggestions and respond positively.
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