The Ernakulam Consumer Disputes Redressel Forum (CDRF) has ordered
Emirates Airline to pay Rs 2.8 lakh as compensation to a person who sustained
injuries following the mid-air turbulence of its flight from Dubai to Kochi in
April 2010.
The petitioner Siju Paul, native of Cherkunnam, Ernakulam and
working in Ireland, had approached CDRF against Emirates Airline. The drafted
order of the case came out on Thursday. As per the petition filed by the
complainant, he along with his family boarded the aircraft on April 25, 2010
from Dubai to Kochi. While airborne, the aircraft suddenly stooped from 20,000
ft to 5,000 ft owing to air turbulence. No advance information was given to the
passengers to fasten the seat belt. Following the impact, Siju Paul sustained
right clavicle fracture. The airline company did not provide medical
service to the complainant and his family at Kochi Airport.
The complainant went to a hospital at Chalakkudy and was advised rest
for four months. Though the petitioner issued a legal notice to the
opposite party in this regard, there was no response initially. The
complainant had incurred a total damage of `4,89,864.
However, the counsel of Emirates Airline submitted that the
incident occurred due to bad whether which is totally beyond its control.
Though warning for fastening seat belts was given, the petitioner did not
adhere to it. On arrival at Kochi International Airport, all passengers were
offered medical facilities. However, the complainant and his family opted not
to avail themselves of the medical facility and decided to go home and be
treated at a local hospital. For the legal notice, they had duly sent a
reply to the lawyer expressing their willingness to reimburse medical expenses.
The Emirates Airlines could not provide cockpit voice recorder or flight
data recorder in the black box to substantiate the contentions before the CDRF.
The forum also received no documents on the inquiry conducted by the
company after the incident which is regular with reputed airline companies.
Following this, the forum ordered the company to pay Rs 1 lakh to the
complainant towards damages, Rs 1.08 lakh towards loss of his salary for six
weeks and Rs 764 towards the treatment expenses incurred by the complainant.
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