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2019 Supreme(Del) 410
IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Amita Jain and Others - Appellant
Versus
Air Chartered Services Pvt. Ltd. and Others - Respondent
Writ Petition (Civil) No. 7443, 8115 of 2012, 4284 of 2013
Decided on : 22-05-2019
Advocate Appeared:
D.D. Singh, Navdeep Singh, A.K. De, Rajesh Dwivedi, Aanya De, Zahid Ali, Anjana Gosain, Aruna Mehta, Sanjeev Mehta, Adv.
The liability of the carrier for the death of a passenger is determined by the provisions of the Carriage by Air Act 1972 and the attendant rules, and the collateral benefit received by the members of the deceased's family cannot be set off.
Headnote:
Negligence - Air Ambulance Crash - Civil Aviation Rules, Aircraft Rules, Carriage by Air Act 1972 - Summary of Acts and Sections
Fact of the Case:
The petitioners sought compensation for the death of their family members in an air ambulance crash. They argued that the crash was due to negligence by the air traffic controller and the pilot, who ignored adverse weather conditions. The insurance company disputed liability based on the Carriage by Air Act 1972.
Finding of the Court:
The court found that the liability of the carrier for each passenger was determined by the Carriage by Air Act 1972 and the attendant rules, and no other Act or enactment was applicable. The court also rejected the insurance company's contention that there was no contract between the passengers and the insurer.
Issues: The issues revolved around the liability of the carrier, the applicability of the Carriage by Air Act 1972, and the dispute over compensation for the passengers' families.
Ratio Decidendi: The court held that the liability of the carrier for the death of a passenger was determined by the provisions of the Carriage by Air Act 1972 and the attendant rules. It also ruled that the collateral benefit received by the members of the deceased's family could not be set off.
Final Decision: The court directed the carrier to pay statutory liability under the Carriage by Air Act 1972 and the insurer to pay additional compensation to the petitioners. The petitions were allowed and disposed of accordingly.
Suresh Kumar Kait, J.
In W.P.(C) No.7443/2012, the petitioners seek direction thereby directing the respondents to pay a sum of Rs.1,42,16,000/- in relation to the death of Dr. Rajesh Jain to the petitioners along with interest @ 12% p.a. from the date of petition till its realization.
2. In W.P.(C) No.8115/2012, the petitioners seek direction thereby directing the respondents to pay a sum of Rs. 52 lacs in relation to the death of Cyril P. Joy, male nurse, to the petitioners along with interest @ 12% p.a. from the date of petition till its realization.
3. In W.P.(C) No.4284/2013, the petitioners seek direction thereby directing the respondents to pay a sum of Rs. 46,37,000/- in relation to the death of Dr.Sayad Arshad Abbas to the petitioners along with interest @ 12% p.a. from the date of petition till its realization.
4. The facts and issues are same and similar in all the three writ petitions, therefore, these petitions are being decided by a common judgment.
5. The brief facts of the W.P.(C) No. 7443/2012 are that Dr.Rajesh Jain husband of the petitioner no.1 and father of the petitioner nos.2 & 3 and son of respondent nos.6 & 7 was M.B.B.S. and M.D. Doctor and was working with Apollo Hospital, Sarita Vihar, Delhi as Emergency Medical Officer w.e.f. 01.08.2010. One patient named as Rahul Raj aged about 20 years residence of Patna was suffering from lever cirrhosis and having seen his serious condition, the family members contacted the management of the Apollo Hospital, Delhi to know about the chances of survival of the above named patient. The Medical Superintendent of Apollo Hospital was requested to arrange air chartered ambulance so that the patient could reach from Patna to Delhi in safe condition. Accordingly, the Apollo Hospital tied up with respondent no.1 and the air ambulance took off from Delhi to Patna with two crew members, two doctors (one Dr.Rajesh Jain who is the subject matter of W.P.(C) No. 7443/2012 and the other Dr.Sayad Arshad Abbas is the subject matter of W.P.(C) No. 4284/2013) and one male nurse (who is the subject matter of W.P.(C) No. 8115/2012).
6. The air ambulance named as “Pilatus” along with patient and one attendant took off from Patna at about 20.31.58 IST on 25.05.2011. The above said patient Rahul Raj was accompanied by his cousin brother in the said ambulance.
7. Learned counsel appearing on behalf of the petitioner submits that as per the rules of the respondent no.3, a single Engine Aircraft cannot be operated at night or in bad weather condition for medical evacuation purposes. The sub rules 2.2 and 2.3 of Civil Aviation Rules, under provisions of Rule 133A of the Aircraft Rules, 1937 unambiguously demonstrate that the Single Engine Aircraft cannot be used in the night or when the meteorological condition is not good even for medical evacuation purposes. The meteorological department hereinafter referred as respondent no.5 is having its meteorological office at IGI Palam, Delhi which gives 24 hours weather forecast to airport to enable them to judge the conditions of weather for the safe flight operations. The reports of weather from various meteorological department are based upon various meteorological instruments such as RWY ends, DWR, Satellite weather data etc. for 24 hours which are available to the airport. However, in the present case, the weather warning at 1700 hours and 1730 IST which was valid from 2030 of 25.05.2011 to 0530 IST of 26.05.2011 about squall, movement of CB clouds to the circular domain within the 100 Nautical miles of IGI airport likely to be effected by the dust storm/thunder storm when surface wind speed is associated with squall which will likely to reach from 030 direction with speed exceeding 30 KTS/60 KM per hour and the visibility will become very dim. Accordingly, it would be en-dangerous for any flight to pass through in such condition within 100 Nm of IGI airport. Therefore, in view of the various forecast that weather was not fit for flying of
