Madras HC orders Air India to pay Rs 35,000 to a passenger for hair in meal

The Madras High Court has directed Air India Limited to pay Rs 35,000 in compensation to a passenger who found a hair strand in the food packet served to him during a flight.

Justice PB Balaji held that the airline had been negligent and had “mischievously attempted to shift the liability” to its caterer.

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Hair found in in-flight meal

The court modified a previous order by the Additional City Civil Court, Chennai, which had awarded Rs 1 lakh in compensation, and directed the airline to also bear the cost of the suit and court fee expenses.

The order came on an appeal filed by Air India challenging the lower court’s decree.

According to the complaint, the passenger was travelling from Colombo to Chennai when he was served a sealed food packet. Upon opening it, he noticed a hair strand inside, which made him nauseous.

He alleged that there was no complaint form or box available on the flight and that the cabin crew ignored his attempts to raise the issue.

Upon landing, he immediately lodged a complaint, claiming he had suffered vomiting and stomach pain, and sought compensation of Rs 11 lakh.

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Airline blames catering service provider

Air India argued that it had given the catering contract to Ambassador Pallava, a five-star hotel in Chennai, which was not made a party to the suit.

The airline contended that the case was bad for non-joinder of the caterer and that the food packet was sealed, suggesting a co-passenger’s hair might have fallen on it.

The company further submitted that the passenger had neither returned the food tray to the staff nor sought any assistance or necessary medical attention and that the apology issued by the airline could not be taken as an admission of guilt.

It also contended that the passenger had not produced oral evidence to substantiate his claim.

Passenger holds airline fully responsible

The passenger, however, maintained that there was no privity of contract between him and the caterer, and since he had paid Air India for the ticket, the airline alone was responsible for ensuring food quality.

The passenger further submitted that since the airlines had not denied the incident, there was no necessity for him to lead any evidence with regard to the airline's negligence.

He pointed that the airlines was obligated to give him food, and in case of negligence, only the airline company would be made liable.

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Court says negligence evident, holds airline liable

The High Court agreed, observing that the airline was attempting to “blow hot and cold,” pointing out that while it claimed no complaint was made on board, it had also admitted that the incident was reported to the catering manager upon landing.

The bench noted that Air India had not denied the incident and had even admitted that a hair strand was found in the meal. The court held that when negligence is apparent, the burden shifts to the respondent, in this case the airline, to prove that due care was taken.

“The defendants are clearly vicariously liable to compensate the plaintiff for negligence, namely, the presence of hair follicles in the food packet, even though the food may have been prepared through their agents, Ambassador Pallava,” the court said.

The court noted that there was mischief on the part of the airlines and reduced the compensation of Rs. 1,00,000, as ordered by a civil court, to Rs 35,000.