Airlines Pay Rs 2 03 Lakh Cabin Crew Negligence Head Injury Passenger

A bench comprising Syed Anser Kaleem (president), Sharavathi (member) and Jyothi (member) of the Bangalore I Additional District Consumer Dispute Redressal Commission was hearing a complaint filed by a man who had gotten injured while he was on board a Cathay Pacific flight to Beijing. Though the man got first aid on the flight itself, he paid for his medical expenses afterwards, and the company offered a lesser amount to compensate for it.

“It is noteworthy to mention that, admittedly, the complainant is travelling in a business class just to have comfort journeys, and thereby it is the duty of the cabin crews to take all precautionary measures to facilitate the travellers in the aircraft and not doing so it amounts to a deficiency in service on the part of OP No.1 (airline company),” the June 10 order read.

The man, along with his wife and 2 grandchildren, visited Beijing from June 11, 2024, to June 20, 2024. It is stated that their air tickets were booked by travel agencies concerned, and the trip was a round trip from Bangalore to Beijing and back to Bangalore with a stop at Hong Kong.

On June 11, 2024, on the connecting flight from Hong Kong to Beijing, the man got a head injury as he was coming out of the washroom. One of the air crew members opened the overhead cabin door, causing him to bump into the open overhead cabin door, leading to profuse bleeding, and he was given first aid.

According to the man, after he reached Beijing, he was referred to Beijing International Airport. It is stated that at the hospital the man was treated for a “minor head injury” with 3 staples to stitch the wound to prevent further bleeding and for the wound to heal.

When the man returned from Beijing to India, he visited a hospital, situated in Bangalore for removing staples from the injury, on his head. On September 10, 2024 and September 11, 2024, the man issued legal notice to the airline company by registered post and email.

On October 5, 2024, the airline company replied to the email sent on September 11, 2024 admitting the bodily injury sustained by the man. Thereafter, on October 21, 2024, the airline company after scrutinizing the medical bills sent to them, offered to pay Rs 66,570 towards medical expenses of the man.

As per the man, the airline company’s liability was much more than the amount they offered to pay, and the man filed the complaint, as the injury amounts to deficiency of service under Consumer Protection Act.

The commission using the picture of the business class noted that if the washroom was being used, the door would be closed and that there would always be a blinking caution light and in that case it was the duty of the cabin crew to observe surroundings and ensure that in such event cabin crew could not open the particular compartment door.

It was further stated by the commission that the act of the cabin crew member of keeping open the particular compartment door without noticing that the washroom was being used by the man was a negligent act of the cabin crew.

The commission held that the man was travelling in business class just to have comfort journeys and thereby it is the duty of the cabin crews to take all precautionary measures to facilitate the travellers in the aircraft and not doing so amounts to deficiency in service.

Accordingly, the airline company was directed to pay Rs 2 lakh as compensation to the man along with interest at the rate of 6 per cent per annum from the date of complaint till the day the amount is paid.

The company was also directed to pay Rs 3,000 for litigation costs

It was urged that the incident was entirely the result of the man’s own negligence and failure to exercise the most basic level of awareness. It was further stated that the complainant had a direct and unobstructed view of the complainant door while exiting the lavatory.

It was also argued that the flight was a day time flight and at that time of the incident the cabin lights were switched on and that if the man had exercised the reasonable alertness while walking out of the lavatory and observed where he was walking the entire incident would have been avoided.

It was also contended that the company gave first aid treatment by a well-trained cabin crew and after that the man stated that he had no discomfort and thereafter the man was assisted back to seat.

The commission was further informed that the cabin crew informed his wife of the incident and periodically monitored him till the flight landed in Beijing. It is contended that upon arrival at Beijing International Airport the first aid team and wheel chair was readily prepared at the arrival gate before landing of the flight.

The ruling establishes the obligation of companies to ensure proper service and grievance redressal of the consumers and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience.

Consumers must also pursue their complaints in before appropriate forums so that the companies and service providers at fault are held accountable for their actions. For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Karnataka helpline:1800-425-9339) or call the National Consumer Helpline at 1915 for assistance.