May 28, 2012
PANAJI: The Goa state consumers disputes redressal commission has enhanced the compensation to a 79-year-old woman, who suffered a hipbone fracture after the wheelchair, on which she was being taken to board an Indian Airlines/Air India flight from Goa to Mumbai, broke and she fell to the ground. The Goa state consumer disputes redressal commission heard the counsels for the woman and Air India. In their recent order, Justice N A Britto, president and Vidhya Gurav, member, likened the compensation of 20,000 awarded by the district forum to "peanuts." The commission awarded her medical bill reimbursement of 1,03,680, enhanced her compensation from 20,000 to 2,00,000 and also awarded her 5000 in costs. The commission also ruled that the woman was entitled to interest at the rate of nine percent for the first two sums from the date of complaint till payment. On March 13, 2009, Maria Ester d'Abreu Noronha, then 76 years old, and her retired banker husband Carlos Mauricio, both of Altinho-Mapusa, were about to board an Air India flight to Mumbai from Dabolim airport. On her request, the woman was being wheeled to the plane by an attendant when the right hand arm rest of the wheel chair gave way, the woman fell to the ground and suffered a fracture to her right hip joint. Due to her 15 days in hospital and subsequent physiotherapy, the couple missed their trip to Portugal to attend their grandchild's christening. The couple first wrote to the management of Indian Airlines/Air India, Chatrapathi Shivaji airport, Ville Parle (East), Mumbai, demanding reimbursement of 1,03,71.75 plus 4 lakh. They also attached the bills. Although Air India initially expressed willingness "to settle the legitimate medical bills within the frame work of their rules and regulations," no response to their reminder prompted the couple to approach the North Goa district consumer redressal forum on February 5, 2010. The district forum by order dated January 30, 2012, awarded compensation to the couple. Against the claim of 1,03,671, the woman was awarded 79,672 and against the claim of 4,00,000, she was awarded 25,000 by way of compensation as well as costs. No interest was awarded. The couple then appealed against the order before the Goa state consumer disputes redressal commission. The counsel for the couple argued that the compensation was meagre in view of the seriousness of the woman's fracture and how the couple missed their grandchild's christening in Portugal. On the other hand, the counsel for Air India said that the claim of 4 lakh was "outrageous" and that Air India was a loss making organization. Dismissing that argument, the commission noted that the losses "should be the concern of those entrusted with the management of Air India'' and that the counsel had not placed any material on record to support his claim. In part the judgment read, "we are concerned with an airline who had provided a wheelchair to one of the passengers and had failed to take adequate care. They must have certainly paid a substantial amount of air fare. On breach of duty to take care, an airline cannot be heard offering the same amount of compensation as would have been offered by a charitable organization running a dharamashala where a guest was staying on payment of nominal charges."