Private International Law

CRE Problem 1

IN THE DISTRICT COURT OF RANCHI, JHARKHAND

Arun Kapoor vs Garuda, an Indonesian Corp.

Amit and Amrita kapoor, resident of Ranchi Jharkhand, decided to visit Indonesia in July 2017.
To that end, the kapoors contracted World Express Inc., a Ranchi based travel agency, and
booked the following itinerary:

Date Flight Carrier

July 6 Ranchi to Delhi Air India
July 7 Delhi to Taipei Air India
July 8 Taipei to Jakarta Garuda Indonesia Airlines
July 30 Jakarta to Singapore Garuda Indonesia Airlines
July 30 Singapore to Taipei Garuda Indonesia Airlines
July 30 Taipei to Delhi Air India
July 30 Delhi to Ranchi Air India

On or about July 25, 2017, while in Indonesia, the Kapoors purchased two tickets in Jakarta for
an open-ended round trip from Jakarta to Medan board Garuda Indonesia Airlines Flight 152,
leaving Jakarta at 11:30 a.m. on July 26. The Kapoors paid for the tickets in Indonesian Rupiah,
and the tickets were clearly labeled DOMESTIK. Flying through thick smoke generated by
regional forest fires, the Airbus A300 B4 carrying the kapoors dropped well below normal
altitude on its approach into Medan and crashed into the side of a mountain. None of the 232
passengers and crew on board survived the crash, making it the worst air disaster in Indonesian
history.

On September 09, 2017, Arun Kapoor, one of the Kapoors' three children, filed a lawsuit
against Garuda in the Court of Ranchi, alleging both negligent and intentional wrongful death
claims under the Convention for the Unification of Certain Rules Relating to International
Transportation by Air more commonly known as the Warsaw Convention.
Whether the court has jurisdiction to hear this wrongful death claim arising out of a plane crash
in Indonesia that resulted in the deaths of plaintiffs parents.

Relevant Information:

Section A Roll No. 293 304

Section B Roll No. 347 357
Date of Release 12/09/17
Date of Submission 16/09/17
Time Till 4 P. M.
Date of Moot 19/09/17