IBL ASYNCHRONOUS 23-03-21

Madhuri Chowdhuri Vs Indian Airlines Corporation

FACTS:

The fact of this case was the plaintiff’s husband who had traveled in the Air India
Corporation was lost his life in the plane accident. The accident occurred due to the negligent
act of the pilot. The wife of the deceased file a case on the Air India Corporation that they
have to give compensation for the death of her husband stating there was a breach of contract,
and that the Air India Corporation was not safely conveying the passenger to their
destination.

ISSUES:

Whether there is a breach of contract or not?

PETITIONER CONTENTION:

The petitioner contended that the Air India Corporation has to give compensation to her
because there is a valid contract and the contract has been breached by the defendant and it
results in loss of his husband’s life.

DEFENDANT CONTENTION:

The defendant contended that there is no breach was the contract occurred and stated that
there is an exception clause in the air ticket. The printed clause in the back of the air ticket
exempted the corporation from liability arising inter alia, from the death or injury of the
passenger whether by the default of the carrier or by the pilot or by any of the employees of
the Air Lines.

OBSERVATION:

The plaintiff contended that the exception clause was invalid. The court held that the
exception clause was valid. When the passenger had notice of the clause it will be binding on
him and it will make a valid contract. In this case, the exception clause was brought to the
notice of the passenger and the passenger was fully aware of it. 

JUDGMENT:    

The court held that the exception clause was valid and said that it is the common factor in the
contract of the air carrier and held valid. The plaintiff was not liable to pay compensation for
the death of the passenger.