JUDGMENT :

Prasanta Kumar Deka, J.

1. Heard Mr. D Das, learned Senior Counsel assisted by Mr. D Panging learned counsel for the appellants. Also heard Mr. N Ratan, learned counsel for the respondent nos. 4 & 5 and Mr. RH Nabam, learned Additional Advocate General, Arunachal Pradesh representing respondent no. 3. None entered appearance on behalf of the respondent nos. 1 & 2.

WA 13(AP)2015

By this common judgment and order all these five appeals are taken for final disposal. The brief facts leading to filing of the appeals are discussed as follows:-

2. The appellants are the relatives of Late Wrishi Bothra and Late Amit Sarawgi. The deceased persons along with 19 other persons including 4 crew members were on the journey to Tawang, Arunachal Pradesh on a chopper belonging to Pawan Hans Helicopter Ltd., the respondent nos. 4 & 5 which departed from Lokopriya Gopinath Bordoloi International Airport at Guwahati and crashed at its intended landing pad at Ugweny Sangpo helipad, Tawang on 19.04.2011 lolling 19 of the 23 passengers. The Government of India, Ministry of Civil Aviation appointed a committee of enquiry to investigate into the tragic accident. The committee, after a thorough enquiry, opined that all the agencies involving in operating the fleet of helicopters were responsible for the death of 19 passengers of the helicopter. The said enquiry report confirmed that there were negligence on the part of the Director General of Civil Aviation (respondent no. 2), the State of Arunachal Pradesh (respondent no. 3) and Pawan Hans Helicopter Limited (respondent no. 4) (PHHL) and as such the appellants as the petitioners claimed that all the three agencies are liable to pay compensation at a higher rate that what is stipulated by the Notification dated 28.1.1998 issued by the Ministry of Civil Aviation, Government of India. The carrier, Pawan Hansa Helicopter Limited offered compensation of Rs. 7,50,000/- each to the victims of the air crash which, according to the appellants, were not enough. The State of Arunachal Pradesh, respondent no. 3 in the affidavit-in-opposition admitted the shortcomings raised in respect of the State of Arunachal Pradesh. On the other hand, the respondent nos. 4 & 5 questioned the maintainability of the writ petition. That apart, the respondent nos. 4 & 5 contended that the payment of compensation is governed by the statutory provisions contained in the Carriage by the Air Act, 1972 (hereinafter referred to as 'the Act') and the Rules under first and second schedules.

3. The deceased Late Wrishi Bothra was the son-in-law of the appellant/writ petitioner no. 2 and Smti. Pushpa Devi Bothra, the mother of Late Wrishi Bothra authorized Dr. Kamal Nahata (appellant/writ petitioner no. 2), the father-in-law of the deceased to file WP(C) 223 (AP) 2012. Late Wrishi Bothra at the time of his death was working in J.M. Financial Institutional Securities, Kolkata and had a pay package of Rs. 36,03,788/- per annum.

Late Amit Sarawgi was the son of the appellant/writ petitioner no. 1. Late Amit Sarawgi was engaged with Intel Limited, Bangalore and had a gross total income of Rs. 10,99,484 for the accounting year 2010-11, WP (C) 223 (AP) 2012 was filed claiming an amount of Rs. 7,20,75,760/- for the death of Wrishi Bothra and an amount of Rs. 2,27,22,670/- for late Amit Sarawgi and for a further declaration that the Tawang Air Crash occurred due to negligence of the respondent authorities and they are jointly and severally responsible for such negligence and as such for a writ in the nature of mandamus directing all the respondents to equally share the amount of compensation to be granted to each of the victims of the said helicopter crash on 19.04.2011. In the writ petition the appellants stated that with the annual income of Rs. 36,03,788/- of late Wrishi Bothra and subtracting his personal expenses to the tune of one-third of the total income, late Wrishi Bothra being 25 years of age on the date of death would have earned an