Law: Carriage by Air (International Convention) Act, 1988

Section: 22

Carriage by Air (International Convention) Act (IX of 1988)--S.22---Wrong by airline---Damages---Proof---Plaintiffs sought recovery of U.S. $ 100 million from airline for not taking them to their destination as per confirm tickets and for humiliating and mishandling them---Validity---Lucrative damages were to be proved by way of necessary documentary as well as oral evidence---Documentary evidence produced on record was to the effect that plaintiffs had travelled through defendant airline and during their stay at Abu Dhabi they were humiliated and mishandled---In such situation, damages could be assessed tentatively without measuring the same in air, because question could arise as to why US.$ 100 million only and why not 200, 300, 400, 500 US $ and so on upwards---As such to the extent of US.$ 100 million was not much so far the respect of a person/human was concerned---High Court found it appropriate that plaintiff would be awarded damages/compensation for such an act on the part of defendants to the tune of US $ one million each of plaintiffs by defendants jointly---In their letters, defendants had not denied their liabilities and responsibilities, on the contrary they admitted their guilt and apologized and offered a sum of US $ 250 per head, which was mockery and did not serve the purpose---Suit was decreed accordingly. PLD 2004 Kar. 439; 1996 CLC 627; PLD 1996 SC 737; PLD 1997 Kar. 566; 2002 CLC 96; 426 US 290 SC USA Newspaper Dawn SC India; News Paper Dawn High Court Sindh; PLD 1972 SC 25 and PLD 2004 SC 465 rel. JUDGMENT SYED PIR ALI SHAH, J.---Both the plaintiffs, who are husband and wife have filed this suit for damages and compensation 100-Millions Dollars against the above named defendants. Concise facts of the case are that plaintiff and his wife namely Mah Jabeen were denied boarding at Abu Dhabi by Incharge Gulf Air Lines to board Flight GF-2032 by Madam Ayman Hazeem on 4-11-2004 about 1900 hours whereby Flight No.GF-2032 for Jeddah proceeded at schedule for which plaintiff and his wife were having boarding cards, who were proceeding to Holy City of Makkah during Holy Month of Ramadan to perform Umrah. It is stated that the legal notice for…

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