The Hindu : National : Rs.38 lakh compensation for child’s death in Delhi airport upheld

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Rs.38 lakh compensation for child’s death in Delhi airport upheld

Legal Correspondent

The 7-year-old got trapped in escalator

NEW DELHI: The Supreme Court on Thursday upheld an award passed by the National Consumer Disputes Redressal Commission directing the Airports Authority of India to pay 2.5 lakh French francs (approximately Rs.38 lakh, including interest) as compensation to the parents of a minor girl who got trapped and killed in the escalator at the Delhi airport in 1999.

Observing that the appeal filed by the AAI had no merits, a Bench of Justices B.N. Agrawal and G.S. Singhvi dismissed it after hearing counsel Rachna Joshi for the AAI and senior counsel L. Nageswara Rao and Subramonium Prasad for Otis Elevator (India).

Seven-year-old Jyotsna Jethani, who had come to India from Dubai on December 13, 1999, to attend her uncle’s wedding, was trapped in the escalator which could not be switched off in time. The Commission in August 2004 directed the AAI to pay 2.5 lakh French francs with 10 per cent interest per annum from January 1, 2000, till the date of payment.

The Commission had held that it was the AAI’s duty to maintain the escalator in proper condition. “Not keeping any staff at the escalator to switch it off in case of a calamity by itself is deficiency in service.”

In its appeal , the AAI said that the Commission exceeded its lawful jurisdiction in entertaining a complaint claiming compensation for loss suffered in an accident when the subject matter was before a criminal court. The Commission failed to consider the fact that the elevator company could not be absolved of its liability for its deficiency in service .

On behalf of Otis Elevator, it was contended that on the date of the accident, there was no subsisting contract between the AAI and the company for maintenance of escalators. The contract had ended in September 1999. As it was renewed only on March 7, 2000, there was no legal or contractual obligation on its part to maintain the escalators. The Supreme Court accepted the contention.

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