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New Delhi
Court rejects compensation plea
Staff Reporter
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Family sought 5 lakh from Saudi Arabian airline for death of kin
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NEW DELHI: The Delhi High Court on Friday rejected an appeal for setting aside a Single Bench judgment rejecting a plea for monetary compensation by the family of a passenger of a Saudi Arabian airline who had died in the mid-air collision with Kazakistan Airlines near Chakhri Dadri in Haryana in 1998.
The Single Bench had rejected the appeal filed by the husband and daughters of the deceased Farah Mumtaz, saying that the plaintiffs had not taken permission from the Union Government for filing the suit against the Airlines as provided in the Civil Procedure Code (CPC).
No Govt. consent
The plaintiffs had sought a compensation of Rs.500,000.
A Division Bench of the Court comprising Justice A.K. Sikri and Justice Manmohan Singh admitted the airline’s plea that it enjoyed immunities and privileges, and, therefore, no suit was maintainable against it unless the consent of the Union Government was obtained for the same.
The Court also ruled that the airline was part and parcel of the Kingdom of Saudi Arabia by dint of it being fully owned by the Kingdom.
On suing foreign state, the CPC says: “No foreign State may be sued in any court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government.”
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