Airline can cap compensation for loss of baggage

Aastha Pansari got married on February 16, 2010 in Jaipur. On February 19, 2010, she, along with her husband and other relatives, boarded the Indigo flight from Jaipur to Kolkata.The family had five bags which were checked in with individual baggage tags. On landing, they found one bag missing, and immediately reported its loss. Aastha claimed the bag contained items worth about Rs1.8 lakh. On taking up the issue, the airline stated despite all efforts, the bag could not be traced.Aastha filed a complaint before the district forum. She stated she was even unable to go on a honeymoon as her marriage certificate was in the bag which was lost.Indigo contested the case, stating Aastha was entitled to only Rs3,000 under the contract of carriage rules, and that this amount had been paid by cheque and was accepted by her. The airline pointed out Aastha had not made any declaration at the time of checking in the baggage, so it was unaware of bag’s contents, and no evidence was produced to establish its contents and value.It argued it could not be held liable for any compensation exceeding the contractual liability of Rs 3,000 and sought dismissal of the complaint.The district forum, observing precious items should have been carried in the cabin baggage and not put in the check-in luggage, dismissed the complaint. Aastha appealed to the Rajasthan State Commission which ordered Indigo to pay Rs1,62,000 along with compensation of Rs50,000 and costs of Rs15,000.Indigo challenged the decision in revision proceedings. In its order of January 17, 2020, delivered by M Shreesha for the Bench headed by Justice R.K. Agrawal the National Commission observed damages for loss of baggage prescribed under conditions of carriage of the airlines constituted a valid and binding contract in consonance with The Hague Protocol and Warsaw Convention. It held a passenger’s claim cannot exceed the contractual liability of Rs20 per kg of loss subject to a maximum of Rs3,000.(The author is a consumer activist and has won the Govt.of India’s National Youth Award for Consumer Protection. His email is jehangir.gai.columnist@outlook.in )