The Madras High Court has held Air India liable for negligence after a passenger found strands of hair in a sealed food packet served on an Air India flight from Colombo to Chennai on June 26, 2002. Passenger P. Sundarapariporanam claimed nausea and stomach pain following the incident and filed a suit seeking Rs 11 lakh in damages.
The trial court had awarded Rs 1 lakh in compensation, but on Air India’s appeal, the High Court reduced this to Rs 35,000 as legal costs while upholding the airline’s responsibility.
Justice P.B. Balaji, presiding over the case, emphasised that the airline could not shift blame to its outsourced caterer, Ambassador Pallava Hotel, Chennai. The court noted that the passenger’s contract of carriage existed with the airline and not with the caterer, making Air India vicariously liable for the safety and hygiene of in-flight services.
This ruling affirms the doctrine of res ipsa loquitur, the evident presence of hair in food packet speaks to negligence. The court criticised Air India’s contradictory defence, which both denied onboard complaint and admitted the issue was reported to the catering manager after landing.
The airline was ordered to pay Rs 35,000 within four weeks, covering court costs and counsel fees.
Incident Background and Passenger Experience
The passenger reported opening the sealed meal on board and detecting hair inside, which caused him nausea and stomach discomfort. Attempts to raise the issue during the flight were allegedly ignored by cabin crew, and no complaint forms were available. Upon landing at Chennai Airport, he lodged a formal complaint with the airline’s Deputy General Manager (Commercial).
Although Air India expressed regret and promised an inquiry, it denied negligence and contended the suit was flawed for not including the caterer as a defendant. The High Court, however, rejected this defence and affirmed Air India’s legal duty to passengers for all in-flight services under the contract of carriage.
Legal Precedent on Liability of Airlines
This case has important implications for airlines’ responsibility regarding outsourced services. The court made it clear that passengers have a contract with the airline alone, and any arrangements between the airline and caterers or other service providers do not absolve the airline of accountability.
The principle of vicarious liability binds the airline to ensure service standards and hygiene, protecting consumer rights. While the passenger failed to provide medical evidence quantifying injury, the court still recognised Air India’s negligence and imposed costs to deter such lapses and avoid blame-shifting in future.
The Logical Indian’s Perspective
This verdict highlights the critical need for transparency, accountability, and integrity in service industries, especially those impacting public health and safety.
The Logical Indian calls for airlines to adopt stringent quality controls and proactive customer care, ensuring no compromise on passenger wellbeing. It also stresses empowering consumers to speak up against negligence without fear of dismissal.
