Nine years and scores of terror strikes later, a consumer court in the national capital delivered justice to 174 passengers on board the ill-fated Indian Airlines flight IC-814, which was hijacked to Kandahar on Dec 24 1993, by ordering the passenger airliner to award a 10 million compensation.
The State Consumer Disputes Redressal Commission headed by Justice JD Kapoor awarded a Rs 10 million compensation for the agony and trauma suffered by those who survived and Rs 500,000 to the legal heirs of the passenger who was killed by the terrorists.
The hijack-hostage drama culminated in the release of several prisoners demanded by the hijackers before the passengers were let-go on December 31.
One of the passengers, Rupin Katyal, was killed by the hijackers during the captivity.
Justice Kapoor said every passenger on board the ill-fated aircraft was entitled to compensation in terms of Section 14(1)(h)(b) of the Consumer Protection Act, 1986, as they all had suffered the same degree of injury and agony.
The court passed this order on an appeal filed by Ashok Gupta and his wife who were among the passengers.
The aircraft was hijacked while it was near Lucknow and was taken to Amritsar where it was allowed to refuel and then it landed at Kandahar where Gupta and his wife along with other passengers and crew remained captive for nearly eight days.
Delivering the judgment Justice Kapoor noted that, 'greater sufferings result from psychological causes than bodily harm and such sufferings endanger life, limb and health including mind, brain, heart and other organs.
Indian Airlines had earlier denied compensation citing rule 17 of the Carriage By Air Act, of 1972 which limits the carrier’s liability to damges in case of physical o bodily harm or death.
'To say that they did not suffer injury much less any bodily or personal injury is highly far fetched and preposterous, as mind, brain, heart and all other parts of human body get affected by shock, physical torture, mental suffering and psychological trauma.
"There cannot be a worst case of suffering including mental, physical, bodily and personal injuries than this, noted the Justice.
Justice Kapoor also directed the Directorate General of Civil Aviation to issue instructions to all airlines to undertake security check of all the passengers at the time of embarking the aircraft even after the multi-layer security check.
The State Consumer Disputes Redressal Commission headed by Justice JD Kapoor awarded a Rs 10 million compensation for the agony and trauma suffered by those who survived and Rs 500,000 to the legal heirs of the passenger who was killed by the terrorists.
The hijack-hostage drama culminated in the release of several prisoners demanded by the hijackers before the passengers were let-go on December 31.
One of the passengers, Rupin Katyal, was killed by the hijackers during the captivity.
Justice Kapoor said every passenger on board the ill-fated aircraft was entitled to compensation in terms of Section 14(1)(h)(b) of the Consumer Protection Act, 1986, as they all had suffered the same degree of injury and agony.
The court passed this order on an appeal filed by Ashok Gupta and his wife who were among the passengers.
The aircraft was hijacked while it was near Lucknow and was taken to Amritsar where it was allowed to refuel and then it landed at Kandahar where Gupta and his wife along with other passengers and crew remained captive for nearly eight days.
Delivering the judgment Justice Kapoor noted that, 'greater sufferings result from psychological causes than bodily harm and such sufferings endanger life, limb and health including mind, brain, heart and other organs.
Indian Airlines had earlier denied compensation citing rule 17 of the Carriage By Air Act, of 1972 which limits the carrier’s liability to damges in case of physical o bodily harm or death.
'To say that they did not suffer injury much less any bodily or personal injury is highly far fetched and preposterous, as mind, brain, heart and all other parts of human body get affected by shock, physical torture, mental suffering and psychological trauma.
"There cannot be a worst case of suffering including mental, physical, bodily and personal injuries than this, noted the Justice.
Justice Kapoor also directed the Directorate General of Civil Aviation to issue instructions to all airlines to undertake security check of all the passengers at the time of embarking the aircraft even after the multi-layer security check.
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