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Indemnification the woman who had lost luggage in air travel to Minas Gerais

08/08/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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The 3rd Public Law Chamber of the ECJ set at R$ 15,000 in compensation for moral damages that an airline must pay in favor of passenger who had his lost luggage. It appears in the file that the author bought a ticket to visit his mother, hospitalized in Minas Gerais. Due to the setback, he went 12 days without personal items and objects that had bought for gifting your mother.

She also claims that could not afford to buy new clothes and had to repeat the same outfit throughout the period. On appeal, the company said that the situation is mere annoyance, because it is not a definitive loss. The rapporteur of the matter, Judge Ronei Danielli, explained that the company must answer for damages arising out of poor service delivery.

"With regard to off-balance sheet damage, 12 days by the author of the luggage loss is far from being a mere unpleasantness. This is because (...), even if temporary, configures failure in providing the service, for which there is undeniable loss off-balance sheet, "concluded the judge. The camera only has adapted the amount of compensation of R$ 30,000 to R$ 15,000. The decision was unanimous (Appeal n. 0012458-40.2013.8.24.0005).

 

Photos: Angelo Medeiros / Media Relations TJSC

Source: TJSC

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