Sm. Madhuri Chaudhuri And Ors. v. Indian Airlines Corporation 1962 (Case Summary)

The case is significant for its application of the legal maxim “res ipsa loquitur”, which allows negligence to be inferred from the nature of an accident in cases where direct evidence is unavailable.

Table of Contents

Facts of Sm. Madhuri Chaudhuri v. Indian Airlines Corporation

Sunil Baran Chowdhury was travelling from Calcutta to Madras on an Indian Airlines flight. On December 11, 1953, he boarded a connecting flight from Nagpur to Madras, which originated from Begumpet (Hyderabad) via Bombay.
At 3:20 AM on December 12, 1953, shortly after takeoff from Nagpur the aircraft crashed resulting in the death of Sunil Baran Chowdhry.
The Plaintiffs (widow of Sunil Baran Chowdhury and his minor children) claimed that the crash was caused by negligence on the part of Indian Airlines Corporation and its employees.
Additionally, it was alleged that Sunil Baran carried Rs. 5,000 in cash and kind, which was lost in the crash.
The Airline argued that the contract of carriage (printed on the airline ticket) contained an exemption clause absolving it from liability in case of an accident.

Issues framed

Whether Indian Airlines Corporation or its employees were guilty of negligence, which caused the air crash?
Whether the plaintiffs (widow and children of the deceased) had a valid claim under the Fatal Accidents Act, 1855, for compensation from Indian Airlines Corporation?
Whether the plaintiffs were entitled to compensation, and if so, how much should be awarded as damages for loss of financial support and property?

Subordinate Court Judgment

The trial court ruled that the plaintiffs failed to prove specific negligence on the airline’s part, therefore, dismissed the suit.

Judgment of Sm. Madhuri Chaudhuri v. Indian Airlines Corporation

The Calcutta High Court applied the legal provision of The Fatal Accidents Act, 1855, as it allows the legal heirs of a deceased person to claim compensation for wrongful death resulting from negligence.

The Calcutta High Court ruled that the doctrine of res ipsa loquitur is applied, stating that Air crashes are rare events that do not occur in the ordinary course of things unless there is negligence. Since the aircraft was under the exclusive control of Indian Airlines, the burden was on them to prove that the accident was not due to negligence. The airline failed to provide a convincing explanation for the crash, making them liable. The Court rejected the airline’s argument that the exemption clause (printed on the ticket) protected them, stating that the clause was unfair and unenforceable.

The Court held Indian Airlines liable for negligence, awarding damages to the plaintiffs. The airline failed to rebut the presumption of negligence. The exemption clause was declared invalid. The plaintiffs were granted monetary compensation for the loss of financial support from the deceased.