Deceased Indian businessman’s family slams N1bn suit on Ethiopian Airlines for cancellation of boarding pass

The family of deceased Indian staff of Primepak Industries Nigeria Limited, Mr Yogendra Chandra Vadran Rathod and five others whose boarding passes were alleged to have been cancelled despite meeting all the international travel standard requirements have slammed N1,199,991,947 on Ethiopian Airlines.

The plaintiffs comprise a limited liability company, Primepak Industries Nigeria Limited the spouse of the deceased Mrs Vibhaben Yogendra Rathod his daughter Miss Rhythm Yogendra Rathod, accompanying medical doctor, Dr. Joy Jobin, travel companion of the doctor, Mr Vipul Kumar Rathod and patient assistant accompanying the deceased.

According to a suit filed before a federal high court in Lagos on behalf of the plaintiffs by a Senior Advocate of Nigeria, Barrister Samuel Agweh, the plaintiffs averred that on March 5, 2023, due to the failing health condition and discomfort of late Yongendra Chadra Vandra Rathod, he visited his doctor at Jajo Hospital Ikeja, Lagos and upon examination by one Dr Vincent, late Yongendra was referred to Lagoon Hospital, Victoria Island where he was admitted and was under the care of Dr. Joy Robin.

The plaintiffs averred further that on the night of March 7, 2023, the doctors at Lagoon Hospital, resolved that Chadravandra Rathod required more specialized attention and better treatment thus should be evacuated to a hospital either in United Kingdom, South Africa or India.

In total compliance with the advice of the doctors at Lagoon Hospital, and being a citizen of India, late Mr. Yongendra Chadravandra Rathod choose India for better treatment and to be close to his extended family.

The plaintiffs further claimed that sequel to the above, the plaintiffs sought to travel by Ethiopian Airlines and in compliance with the defendant’s travel policy for passengers with medical condition, late Chadravandra Rathod was subjected to medical examination by the airline’s designated doctor at Dr. Charles Hammond’s Clinic.

The sum of N20,000.00 (Twenty Thousand Naira) was paid to Dr. Charles Hammond’s Clinic for the medical examination as required by the airline.

Late Chadravandra Rathod was attended to by one Dr. Hassan who went through his report from Lagoon Hospital and conducted more examinations on him and upon completion certified him fit-to-fly to India.

The plaintiffs further noted that having completed the requirement of the defendant, Primepak Industries Nigeria Limited purchased six air tickets for Chadravandra Rathod and the other plaintiffs at the cost of N14,022,000.00 (Fourteen Million, Twenty-Two Thousand Naira).

On March 11, 2023, the day of the scheduled departure of late Chadravandra Rathod and other travellers from Lagos to Mumbai, they were received by Ethiopian Airlines staff, and their medical reports were verified. A wheel chair was arranged for Mr. Yongendra and were escorted to the check in counter.

Sequel to the above late Chadravandra Rathod and other plaintiffs were checked in along with their luggage. They were issued their boarding passes, cleared by immigration and at other security checks before being ushered by the airlines’ staff to the lounge area for boarding at 12.35 p.m.

At about 1:00 p.m. when announcement for boarding of the scheduled flight was called and as Chadravandra Rathod was about to be wheeled into the aircraft the boarding manager of the airline stopped him and other plaintiffs in their tracks and prevented them from boarding the flight.

He thereafter informed Chadravandra Rathod and other plaintiffs of the airline’s decision to deny and refuse Chadravandra Rathod despite issuance of certificate of fit-to-fly issued by Dr. Hassan of Dr. Charles Hammond’s Clinic, Ethiopian Airlines’ designated doctor.

Despite several pleas to Ethiopian Airlines, the Ethiopian Airlines boarding manager persisted and refused to allow Chadravandra Rathod and other plaintiffs to board from Lagos to Mumbai on the said date. This action frustrated previous arrangements for Chadravandra Rathod which included an ambulance to transport him to a hospital in Mumbai, India at a cost of 12,000lnr (Twelve Thousand Rupees) and a delayed commencement of treatment for Chadravandra Rathod which was scheduled to start at 8:00 a.m. on March 12, 2023.

As a result of Ethiopian Airlines’ denial/refusal to fly, Chadravandra Rathod, the plaintiffs incurred additional cost of N1,002,947.00 (One Million Two Thousand Nine Hundred and Forty-Seven Naira) as he was re-admitted to Lagoon Hospital, Victoria Island, Lagos pending when alternative arrangement would be made for him to fly to Mumbai, India.

As a result of the medical report on Late Chadravandra Rathod from Lagoon Hospital that stated that he had 48 to 60 hours window of opportunity for flying from Lagos to Mumbai, of which 30 hours were lost with the botched departure via Ethiopia Airline’s actions, the plaintiffs had to make alternative arrangement to fly late Chadravandra Rathod and other plaintiffs via emergency air ambulance from Lagos to Mumbai on March 13, 2023 at a cost of N164,967,500.00 (One Hundred and Sixty-Four Million, Nine Hundred and Sixty-Seven Thousand, Five Hundred Naira).

The plaintiffs aver that they engaged the services of Messrs Samuel N. Agweh & Associates via letter dated April 18, 2023 to recover the total sum of N1,180,012,447.00 (One Billion One Hundred and Eighty Million, Twelve Thousand, Four Hundred and Forty-Seven naira) from Ethiopian Airlines being the cost of the procurement of fit to fly certificate, six tickets, emergency air ambulance.

That Mesers, Samuel N. Agweh & Associates on behalf of the plaintiffs wrote a Demand Letter to Ethiopian Airlines for the immediate payment owed to the plaintiffs by Ethiopian Airlines but Ethiopian Airlines is still unyielding to the plaintiffs’ request.

The plaintiffs averred that Ethiopian Airlines did not reply neither did it comply with the demand for the payment. The plaintiffs added that Ethiopian Airlines has no defence to this suit.

Consequently, the plaintiffs claims against the defendant are as follows:

An Order of the court for the payment of the sum of N164,967,500.00 being the cost of emergency air ambulance which the plaintiffs incurred for the (six) intending passengers on the defendant’s flight from Lagos to Mumbai.

An Order of the court for the payment of the sum of N300,000,000 being damages suffered for the deterioration in health of late Mr. Yongendra Chadravandra Rathod as a result of Ethiopian Airlines cancellation of boarding pass on its flight despite meeting all the international travel
standard requirements.

An Order of the court for the payment of the sum of N200,000,000 being the damages for the delay in the commencement in treatment of Late Mr. Yongendra Chadravandra Rathod.

An Order of the court for the payment of the sum of N500,000,000 for the physical trauma suffered by the five intending passengers, and the cost of this legal action.

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