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Bombay High Court dismisses $31 million appeal by insurance companies against airport ground handling co.
Update / Judgement Date
16 Oct 2024
Source
Author
Team — WCP Legal Desk
Reading Time
1 min read
The Bombay High Court dismissed a $31 million appeal by New India Assurance and other insurers against Janus Aviation. The insurers sought damages for an incident at Nagpur Airport where a passenger ladder damaged an IndiGo aircraft. The court ruled that the insurers failed to prove a direct contractual relationship with Janus, thus dismissing the claim. The court upheld the commercial court’s decision, stating the case did not qualify as a commercial dispute under the Commercial Courts Act, 2015. The incident involved an ATR-72-600 aircraft and a passenger ladder blown by the wind, causing substantial damage. The insurers argued for subrogated recovery of damages, but the court found no privity of contract between the parties, leading to the dismissal of the $31 million claim.