GEORGE TOWN: An AirAsia X passenger failed yet again in his attempt to get RM11,700 in damages over his lost luggage on a flight to Australia three years ago, after the High Court here upheld an earlier lower court’s decision favouring the airline last year.
Businessman Ragindran Sivasamy, 60, had sued the airline for negligence for failing to make sure that his checked bag from the Penang International Airport arrived at the Melbourne airport on June 19, 2017. The flight included a stopover at klia2.
After claiming to have not received any response from AirAsia X, he lodged a police report and filed a suit at the Magistrate’s Court, demanding a RM11,700 payment over the loss of items in his luggage.
According to Ragindran, his losses comprised a Rado wristwatch worth RM3,000, a pair of Ray-Ban sunglasses (RM1,800), winter clothing (RM3,000), other branded clothing (RM2,000) and RM1,900 he had to spend on new clothing while in Australia.
He claimed the airline lacked strict procedures for handling luggage and sought special damages and other relief deemed fit by the court, besides a RM11,700 compensation for the loss of items.
AirAsia X, in return, said it had limited liability over the loss of baggage, which had been fully agreed by Ragindran as part of the terms and conditions when he purchased his tickets.
The airline said it had also offered US$300 as compensation to him, an increase from the US$200 offered earlier, but he refused to accept it.
The compensation tariffs were spelt out at US$20 per kg as per the terms on his ticket. According to AirAsia X, Ragindran’s bag had weighed in at 10kg when it was checked in.
Magistrate Nur Azzuin Abdul Moati had earlier dismissed Ragindran’s claim and ordered him to pay RM1,000 in costs to the airline on Aug 16 last year.
Today, High Court judicial commissioner Wong Hok Chong dismissed his appeal against the lower court’s decision and ordered Ragindran to pay RM1,000 in costs to AirAsia.
In asking for the case to be dismissed, AirAsia X’s lawyer, Ruebankumar Asokan, told the court that Ragindran had yet to show any proof that his bag had indeed contained the said items worth RM11,700.
“By way of analogy, let’s say one passenger decides to keep diamonds worth RM1 million in his checked luggage and it goes missing. Will the court allow the passenger’s claim for RM1 million?” he asked.
“He will be first caught by the terms and conditions of the carriage set by the airline.”
Lawyer Syahril Rezwan Abdullah appeared for Ragindran.