Law:

Section:

Carriage by Air (International Convention) Act (IX of 1966)--- ----Ss. 22 & 28---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Loss of baggage bag during air travel ---Remedy--­Petitioner's bag which had been lost was booked at New York Airport---Value of articles contained in said bag were neither declared at New York Airport nor at Lahore Airport when complaint was lodged about loss of bag---Petitioner, even in her Constitutional petition, had given no details of articles in bag for which damages were being claimed by her---Civil Court of competent jurisdiction was the proper forum to decide value of articles after credible evidence was produced---Petitioner under S.28, Carriage by Air (International Convention) Act, 1966 was required to file suit in concerned Court---Petitioner under Art.199 of the Constitution could not be awarded damages claimed as such exercise would of necessity entail inquiry which exercise could not be undertaken in Constitutional petition---Constitutional petition was not maintainable in circumstances. JUDGMENT Petitioner travelled by P.I.A. Flight No.PK-724 on 15-12-1995 from New York to Lahore which landed here on 16-12-1995. At the New York Airport, she was carrying two hand bags. She was asked by the P.I.A. Staff that she could carry only one hand bag whereafter she was obliged to hand over one bag to the P.I.A. Staff, which bag was booked in the same flight and the petitioner was given a luggage tag. When she arrived at the Lahore Airport, the said bag was missing. A complaint was lodged at Lahore Airport about the loss of the bag. The petitioner claims that the bag carried gold; jewlleries and some Dollars. She claims rupees five million as damages. 2. The parawise comments received on behalf of the P.I.A. are to the effect that after the receipt of the complaint, an action was taken and despite extensive tracing, the bag could not be traced; that since no details of the items contained in the said bag were provided either at the time of boarding the plane or at the time of lodging the complaint, the petitioner could not claim damages; that even otherwise, under the Contract of…

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