Court orders Thomas Cook and Red Travel to pay Rs 50 lakh as compensation after client loses wife, son in car accident

In what could have been a lesson to many travel agencies in India, the Consumer Disputes Redressal Forum in the Capital last week ordered Thomas Cook and Red Travel agencies to pay Rs 50 lakh to Delhi-based Yohesh Saigal, whose ex-journalist wife, Kanupriya Saigal, literateur father-in-law, Ganga Prasad Vimal, and son, Shreya Saigal, died in a car accident in Sri Lanka in December 2019 while on a trip in the island country. During the accident, Yogesh and his daughter, Aishwarya Saigal, survived but suffered severe injuries and fractures.

Yogesh booked a trip to Sri Lanka via Thomas Cook and the company deputed Red Travel as the tour supplier in Sri Lanka.

All five were travelling in a car when it rammed into a container truck on the Southern Expressway. Along with Kanupriya and her father, the 67-year-old car driver also died in the accident.

Judge Monika A Srivastava wrote in her judgement, "Keeping in view the above judgement, though the trauma undergone by by complainant in terms of losing his companionship of his wife/mother, the loss of support for just turned adult son/brother and loss of his father-in-law/grandfather cannot be measured in terms of money yet ends of justice may be served by directing the OPS to jointly and severally pay the compensation of Rs 50 lakh to the complainant within three months from the date of receipts of this order, failing which, both the OPs should be further liabable to pay a sum of Rs 10 lakh to the complainant."

The judge further said, "There is negligence/deficiency on part of the Opposition Parties (Thomas Cook and Red Apple Travel) on account of the negligence of the driver hired by them and they cannot be allowed to escape its responsibility and corresponding liability by stating that it was merely booking the places, etc, at the behest of the complainant," the Forum said in its order.

After the nightmarish accident, Yogesh filed a case against Thomas Cook and Red Travel Apple in the Delhi-based court, seeking damages up to Rs 8.99 crore. 

Yogesh, in his complaint, said that he had suffered multiple injuries and fractures in the road accident and was hospitalised in Sri Lanka when the funeral ceremony of his wife took place in New Delhi.

He said that he was unable to walk properly and traumatised due to the accident; her daughter weighed 110 kg at the age of 12.

She was unable to lead a normal life and take an interest in school or other social activities.

He said that her mother-in-law was mentally challenged and depended on her father-in-law physically, mentally, and socially.

ZeeBiz has been awaiting a response from Thomas Cook related to the court order.