Delhi High Court Issues Summons To Vistara Airline In Suit For ₹2.7 Cr Damages Over Spillage Of Hot Beverage On Minor

The Delhi High Court has recently issued summons to Vistara airline in a suit filed by the family of a 10-year old girl seeking damages of about Rs. 2.7 crores over burn injuries sustained by the minor due to spillage of hot beverage onboard a flight from the national capital to Frankfurt in August last year.

Justice Anup Jairam Bhambhani issued summons in the suit wherein the parents have claimed damages of Rs. 2,68,93,077 from the airline for the alleged negligence and omission on the part of its crew.

“Upon a prima facie conspectus of the matter, let the plaint be registered as a suit. Issue summons in the suit. Upon the plaintiffs taking steps within 10 days, let summons be sent to the defendant by all permissible modes, returnable before the learned Joint Registrar,” the court said in an order passed on January 09.

The court also issued notice on an application filed along with the suit seeking ad-interim relief against the defendant, Tata Sia Airlines Limited, a joint venture between Tata Sons and Singapore Airlines operating under the flagship brand name Vistara.

Notice has also been issued on an application video which the minor and her parents have sought leave to sue the airline for additional reliefs at a later stage.

The matter will now be heard on March 06.

The incident happened on August 11 last year on the flight UK25. It is the case of the minor's family that the incident took place due to the negligence of one of the air hostesses onboard.

As per the suit, the minor child suffered from grave second-degree burn injuries on her thighs and adjoining areas due to the incident and alleged negligence of the crew.

After the incident was shared by the parents on social media, Vistara issued a statement on X (formerly Twitter) confirming the said incident. However, it claimed that the incident happened when the child was being “playful”.

“We confirm an unfortunate incident occurred onboard UK25 flying from Delhi to Frankfurt on 11 August 2023, where a child sustained injuries due to spillage of hot beverage on the body. Our cabin crew had served hot chocolate to the child at the request of her parents, however, the beverage spilled on her since the child was playful during the service,” Vistara had said.

The family has now sued Vistara and claimed a sum of over Rs. 2.6 Crores as damages due to the serious medical injuries suffered by the minor child, and also on account of the severe mental agony and harassment that the family had to undergo, including the damage caused to their reputation as a result of the airline publicly issuing the statement.

Counsel for Plaintiffs: Mr. Samar Kachwaha with Ms. Shivangi Nanda, Ms. Kavita Vinayak, Ms. Rini Mehra, Mr. Anmol Agarwal and Mr. Prayuj Sharma, Advocates

Title: TARA GUPTA & ORS. v. TATA SIA AIRLINES LTD.

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