baggage could not be granted as it was not covered under the terms and conditions of the Policy. The baggage was delayed within the territorial ... that the baggage was mixed up at Delhi and could not be delivered. The above fact clearly indicates that the baggage was delayed beyond
form. However,
on discussion with the insured, it
transpired that the baggage delay had occurred while the complainant was returning to India from Heathrow ... further stated that since the baggage delay had occurred, on return journey to India, he was not entitled
to any compensation under the Exclusion Clause
while the
liability in case of destruction, loss, damage or delay of baggage is
proposed to be raised from ... maximum of 1,131 SDR. After 21 days, any delayed baggage is
considered lost, even if the airline delivers it after that period.
The limitation
never pleaded that the staff of the opponent intentionally delivered the baggages delayed or there is no such evidence on record to show that ... staff of the opponent no.1 intentionally delivered the baggages delayed to the complainant, therefore the Forum is of the view that there
Manmohan Nanda vs United India Insurance Co. Ltd. . on 6 December, 2021
1
REPORTABLE
IN
inconvenience, hijack, benefit,
loss of passport and personal care, which included baggage delay,
baggage loss, financial emergency etc.. The complainant started
journey
period from 13.06.1999 to 17.07.1999 with regard to loss of baggage, delay or
health problems etc. Petitioner while
travelling on 25.06.1999 on Respondent/Airlines lost ... under:
3(a) The liability of
carrier for delay, damage, destruction or loss of baggage is limited as
follows:
(i)
In international carriage and irrespective
liable for any consequential damage arising out
of delay/loss of baggage and in any case such compensation is subject to proof
of actual loss ... purchase of articles of daily use contained in the loss
or delayed baggage.
9.
We
allow this complaint with the direction
Personal Accidental Death
25000
0
Loss of Baggage (Checked in baggage)
1000
0
Delay of Baggage (More than 12Hrs)
100
0
Loss of Passport
Limits of liability, in relation to delayed baggage and also Cargo
(Montreal Convention). Clause 3 of the said Article runs thus:
“ 3. In the carriage ... carrier shall be liable for damage
occasioned by delay in the carriage by air of
passengers, baggage or cargo. Nevertheless, the
carrier shall
