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©New Straits Times (Used by
permission)
GEORGE TOWN: A staunch Brahmin Hindu, who was served a chicken pakoda on a
Malaysia Airlines flight from Bangalore to Kuala Lumpur four years ago, was
yesterday awarded RM20,000 in compensation by the magistrate’s court.
Magistrate M. Rajalingam said the award, including interest,
was for aggravated damages to Arvind Sharma for injury to his feelings as well
as depression, shock and mental anguish and stress coupled with humiliation,
loss of pride and self-esteem.
The court, he said, found "on the balance of probabilities that Arvind has
proven his case against the defendant, Malaysia Airlines".
Arvind, a cargo agent for delivery of Dell computers in India, had filed for
general and special damages against MAS for serving him non-vegetarian food
onboard flight MH193 on March 15, 2003.
Rajalingam said there were positive confirmations that the pakoda served was
chicken and further evidence was corroborated with a complaint written and
acknowledged by both parties.
"Being born in a Brahmin family, having been brought up in
the Brahmin way of life and being a vegetarian accords him a social status and
is addressed with the honorific ‘Pundit’ in India," he said.
"Thus he was entitled to self-respect and dignity. The tort committed upon him
in this instance has been fortified by the evidence that he is a strict Brahmin
who has never consumed meat in his life.
"The defendant’s negligence has caused him a blemish in his code of conduct."
Arvind claimed he threw up after eating the pakoda because it contained chicken.
He tasted something odd after swallowing a portion of the pakoda and immediately
stopped eating it.
He removed the balance from his mouth.
He then asked his childhood friend, Rohit Bathla, who was seated beside him, to
taste the rest of the pakodas and it was confirmed to be chicken.
Arvind subsequently complained to the flight stewardess on board who apologised.
A stewardess later filled-out a complaint form acknowledging chicken had been
served to Arvind.
MAS, in its statement of defence, had refuted all charges made by Arvind.
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