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Baggage delay: Kuwaiti airline told to pay Rs.2 mn as compensation

20 April 2018 08:31 am - 12     - {{hitsCtrl.values.hits}}

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Colombo Commercial High Court Judge Mahinda Samayawardana yesterday ordered Kuwaiti Airways to pay Rs.2 million as compensation to two lawyers Mr. and Mrs. Mahinda Jayawardana for the immense hardship they suffered during their trip to Egypt in 2010 because of the baggage delay caused by the negligence on the part of Kuwait Airways.

The plaintiffs, a husband and wife, who are also attorneys cited the World Travel Center Colombo (Pvt) Ltd., South Asian Travels Ltd and Kuwaiti Airways Corporation as defendants.

They instituted this action demanding Rs.10 million as damages for the suffering they underwent during their travel on a holiday package.

The case against the 1st and 2nd defendants was taken up ex parte and inter partes in connection with the 3rd defendant.

The 3rd defendant admitted to the flight delay and the baggage delay and said all measures were taken to mitigate the inconveniences and damage caused to the plaintiffs.

It also made efforts to exonerate itself from any liability based on the IATA General Conditions of Carriage (Passenger and Baggage) and Kuwait Airways General Conditions.

The Court held that these are inapplicable to what was immediately relevant because they were obviously not part of the contract because of the fact that the attention of the plaintiffs had not been drawn to these terms and conditions when the contract was handed over.

The Court held that though the delay might have occurred at the hands of Egypt Air, the 3rd Defendant Kuwait Airways is jointly liable as Article 30(3) of the Schedule to the said Act.

Court also held that the plaintiffs had succeed in tort for breach of duty of care especially in relation to handling baggage and resulting in grave inconveniences caused to the plaintiffs and justice will be met by awarding a sum of Rs.2,000,000 to both plaintiffs as damages along with taxed cost of the action.

Chandaka Jayasundere PC instructed by G.G. Arulpragasam appeared for the plaintiffs. Avinda Rodrigo instructed by M/S F.J & G De Saram appeared for the 3rd defendant. (S.S.Selvanayagam)

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  Comments - 12

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  • Ram Friday, 20 April 2018 09:07 AM

    I see something fishy here. Normally if the baggage is late an allowance is given to purchase the immediate needs and to meet the other incidental expenses. I have had this experience twice

    Tinkiriya Friday, 20 April 2018 09:14 AM

    Only lawyers can get a verdict like this. Other passengers who are not in the law profession can go to hell. why can't the law be equally applied to all passengers who are victimized by such delays, missed or loss baggages? losses?

    Unchikun Friday, 20 April 2018 09:35 AM

    A Sru Lanka court gives this verdict on punctuality. What a joke. How long does a case to be given a verdict in Sri Lanka? What will be the fine in term of the length of the proceedings.

    Yehiya Friday, 20 April 2018 09:42 AM

    There are law for INTA. They may appeal against the judgement.IATA COMPENSATIONis the final decision. Shipping

    channa Friday, 20 April 2018 10:54 AM

    yes my Lord !

    Kumar Friday, 20 April 2018 01:45 PM

    Is Kuwaiti airlines good for travel to london_Colombo? Or go for another? Comments please.

    Casanova Friday, 20 April 2018 01:56 PM

    Bet the judge has a cut.

    Arnold Friday, 20 April 2018 06:57 PM

    This is crazy. This is a frequent occurrence in airlines. They have a long list of clauses in the ticket which includes loss and delay of baggage.

    Gihan Friday, 20 April 2018 07:36 PM

    8 - years to obtain justice in a Sri Lankan court. What a joke!

    Warren Raed Saturday, 21 April 2018 06:32 AM

    2 Million because the passengers were lawyers. If not, may be the fine would be Rs. 2,000.00. Maybe the judge has a commission from the lawyers. LoL

    dulan Saturday, 21 April 2018 08:16 AM

    What does a SL couple take to Kuwait besides clothes and other personal effects ? Nothing one cannot buy for Rs.100,000

    Pasel Sunday, 22 April 2018 05:38 AM

    What a scam next time if this happens to me I will file the cash and hire same lawyer see what happen Air lanka already neat bankruptcy let see


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