W.P.(C)--7443/2012. Case: AMITA JAIN AND ORS Vs. M/S AIR CHARTERED SERVICES PVT. LTD AND ORS. High Court of Delhi (India)
Case Number | W.P.(C)--7443/2012 |
Citation | NA |
Judgement Date | May 22, 2019 |
Court | High Court of Delhi (India) |
$~1 to 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 30.04.2019 Pronounced on: 22.05.2019
+ W.P.(C) 7443/2012
AMITA JAIN AND ORS ..... Petitioners
Through Mr.Aruna Mehta, Adv. with
Mr.Sanjeev Mehta, Adv. versus
M/S AIR CHARTERED SERVICES PVT. LTD AND ORS
..... Respondents Through Mr.D.D. Singh, Adv. with
Mr.Navdeep Singh, Adv. for R-1.
Mr.A.K. De, Adv. with Mr.Rajesh Dwivedi, Ms.Aanya De & Mr.Zahid Ali, Advs. for R-2.
Ms.Anjana Gosain, Adv. for R-3 to 5.
+ W.P.(C) 8115/2012
JOY CYRIAC AND ORS ..... Petitioners
Through Mr.Aruna Mehta, Adv. with
Mr.Sanjeev Mehta, Adv. versus
M/S AIR CHARTERES SERVICES P.LTD AND ORS
..... Respondents Through Mr.D.D. Singh, Adv. with
Mr.Navdeep Singh, Adv. for R-1. Mr.A.K. De, Adv. with Mr.Rajesh Dwivedi, Ms.Aanya De & Mr.Zahid
Ali, Advs. for R-2.
Ms.Anjana Gosain, Adv. for R-3 to 5.
FATIMA RIZVI AND ANR ..... Petitioners
Through Mr.Aruna Mehta, Adv. with
Mr.Sanjeev Mehta, Adv.
versus
AIR CHARTER ..... Respondent
Through Mr.D.D. Singh, Adv. with
Mr.Navdeep Singh, Adv. for R-1.
Mr.A.K. De, Adv. with Mr.Rajesh Dwivedi, Ms.Aanya De & Mr.Zahid Ali, Advs. for R-2.
Ms.Anjana Gosain, Adv. for R-3 to 5.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T
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In W.P.(C) No.7443/2012, the petitioners seek direction directing the respondents to pay a sum of ₹1,42,16,000/- in relation death of Dr. Rajesh Jain to the petitioners along with interest @ 12% from the date of petition till its realization.
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In W.P.(C) No.8115/2012, the petitioners seek direction directing the respondents to pay a sum of ₹52 lacs in relation to the death of Cyril P Joy, male nurse, to the petitioners along with interest @ 12%
+ W.P.(C) 4284/2013
from the date of petition till its realization.
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In W.P.(C) No.4284/2013, the petitioners seek direction directing the respondents to pay a sum of ₹46,37,000/- in relation death of Dr.Sayad Arshad Abbas to the petitioners along with interest 12% p.a. from the date of petition till its realization.
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The facts and issues are same and similar in all the three petitions, therefore, these petitions are being decided by a judgment.
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The brief facts of the W.P.(C) No. 7443/2012 are that Dr.Rajesh 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 with Apollo Hospital, Sarita Vihar, Delhi as Emergency Medical w.e.f. 01.08.2010. One patient named as Rahul Raj aged about 20 residence of Patna was suffering from lever cirrhosis and having seen serious condition, the family members contacted the management Apollo Hospital, Delhi to know about the chances of survival of the named patient. The Medical Superintendent of Apollo Hospital requested to arrange air chartered ambulance so that the patient could 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 matter of W.P.(C) No. 7443/2012 and the other Dr.Sayad Arshad the subject matter of W.P.(C) No. 4284/2013) and one male nurse the subject matter of W.P.(C) No. 8115/2012).
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The air ambulance named as “Pilatus” along with patient and attendant took off from Patna at about 20.31.58 IST on 25.05.2011. above said patient Rahul Raj was accompanied by his cousin brother said ambulance.
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Learned counsel appearing on behalf of the petitioner submits per the rules of the respondent no.3, a single Engine Aircraft cannot operated at night or in bad weather condition for medical purposes. The sub rules 2.2 and 2.3 of Civil Aviation Rules, provisions of Rule 133A of the Aircraft Rules, 1937 unambiguously demonstrate that the Single Engine Aircraft cannot be used in the when the meteorological condition is not good even for medical purposes. The meteorological department hereinafter referred as no.5 is having its meteorological office at IGI Palam, Delhi which hours weather forecast to airport to enable them to judge the conditions
weather for the safe flight operations. The reports of weather from meteorological department are based upon various meteorological instruments such as RWY ends, DWR, Satellite weather data etc.
hours which are available to the airport. However, in the present case, 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 be effected by the dust storm/thunder storm when surface wind associated with squall which will likely to reach from 030 direction speed exceeding 30 KTS/60 KM per hour and the visibility will very dim. Accordingly, it would be en-dangerous for any flight to 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 single aircraft, there was every likelihood that the single engine aircraft crash. However, the Air Traffic Controller, who works under no.4 had given the permission to allow the pilot to take off aeroplane from Delhi airport or from Patna airport, is responsible for his negligent which took the lives of eight persons on board and three persons on ground.
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Counsel for the petitioner further submitted that eight persons
travelling in the ill fated aircraft and the above said aircraft was having system to receive the meteorological forecast as it was an advanced Moreover, when the above said aircraft took off from Patna aerodrome weather was already hazy and the visibility was low and there meteorological forecast in the knowledge of the pilot that when the would reach Delhi the visibility would become very dim. Moreover, would be high wind pressure at the rate of 100 Nm near the area coupled with squall, thunder storm and CB clouds and single engine aircraft would not be able to counter such...
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