Delhi

East Delhi

CC/341/2013

Raj Rani - Complainant(s)

Versus

Pawan Hans - Opp.Party(s)

25 Jul 2013

ORDER

DISTRICT CONSUMER DISPUTES RERESDSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC No.341/2013:

In the Matter of:

Smt. Raj Rani

W/o. Shri Udesh Kumar Arora

R/o. 2A/15 Geeta Colony,

Delhi – 110 031

                                                                                                                           Complainant

Vs

Pawan Hans Helicopters Ltd.

Registered Office At:

Safdarjung Airport,

New Delhi.

 

Corporate Office At:

C-14, Sector-1,

Noida-201 301

District - Gautam Badh Nagar (U.P.)

Opposite Party

     

                                                                                                      Date of Admission-01.05.2013                                                                Date of Order        - 08.06.2015

 ORDER

 

Sh.  N.A Zaidi, President:

            This complaint has been filed with the allegation that complainant, a 70 years old lady, planned a visit to Vaishno Devi Shrine at Katra near Jammu in the last week of December, 2012. The respondent is engaged in providing helicopter service to the devotees from a base station at Katra to Sanjhi Chhat near the Holy Shrine Cave at the Trikuta Hills. The complainant got the booking for helicopter service for herself and her daughter-in-law for 30.11.2012.  The Passenger Travel Document bearing PNR No. MVDH292134 and Boarding Passes were issued. The helicopter left the Katra Base Station and when it was in the middle of the air at a height of around 20 thousand feet above the surface it developed a technical problem. It made life hell for all the innocent passengers for a brief spell. They perceived that the helicopter had stopped functioning and it was out of control.  Those moments of agony cannot be described as death was staring at all the passengers. The pilot tried hard to save the lives of the passengers and made emergency landing at a field in Village Chamaira in Resai District of Jammu and Kashmir. The crash landing lead to serious injuries to all passengers including the complainant, who suffered comprehensive fracture injuries in her spine, head injuries and bruises all over the body. She was rushed to the hospital at Katra and thereafter referred to Emergency Wing of Govt. Medical College Hospital, Jammu for treatment. The complainant remained under severe pain and is still unable to discharge her daily activities. The matter was reported in the newspaper and an FIR No.310 of 2012 was also registered at Police Station, Katra at District Resai, Jammu. She has incurred about Rs.1,00,000/- on her treatment and Rs.50,000/- on her special diet and conveyance charges.  The complainant has prayed reimbursement of Rs.1,00,000/-, being the expenses incurred by her on her medical treatment, Rs.50,000/- as the expenses for diet and conveyance, Rs.2,00,000/- for harassment and inconvenience, mental pain and agony, Rs.25,000/- for litigation charges.

            The respondent filed their reply wherein they have taken the plea that the complainant has not submitted the original medical bills for medical reimbursement. The injuries suffered were of a temporary nature. The allegations of negligence, deficiency in services have been denied. The pilot sensing technical problem had immediately decided to undertake emergency landing. The allegation of crash has been denied. The incident was of hard landing and not crash.  As it was a hilly terrain smooth landing could not be sighted quickly. The pilot decided not to waste any time and landed the helicopter at a safe spot. It is because of the impact with the ground the passengers could have been hurt. The injuries were minor and not serious. The reasonable amount of medical expenses can always be reimbursed. The claim of the complainant has been denied.

            Both the parties have filed on record their respective affidavits in evidence.

            Heard and perused the record.

            From the pleading of the parties, it is clear that the allegations regarding the landing of the helicopter because of a technical snag is admitted to the respondent and so far as the injuries to the complainant are concerned they have also not been denied. The counsel for the complainant pointed out that letter dated 13.02.2013 written by the respondent to Senior Divisional Manager, New India Assurance Co. Ltd. clearly shows that the medical papers and bills were  submitted  by the complainant to the respondent which were in turn sent to the New India Assurance Co. Ltd. The complainant has filed on record the papers relating to the treatment she received on account of injuries sustained by her in helicopter crash. The injuries which have been sustained by her were of Grade-V lower limbs and L2-L3 vertebras. She was treated at the Government Medical College Hospital, Jammu and from there she was shifted to Delhi where she received the treatment finally.  She has filed on record the copies of the bills against which medicines had been purchased by her from K.B.C. Chemist, KAYCEE Chemists, Hindustan Chemists and Amrit Medicos and a copy of the receipt of payment made for MRI done.  The respondent have taken the plea that the passengers are insured with the Insurance Company and the Insurance Company can only reimburse the amount spent by her on her treatment. Since the complainant had no privity of contract with the Insurance Company and it is an arrangement made by the respondent with the Insurance Company, the complainant can claim the damages only from the respondent.  When this fact is admitted that it is because of a technical snag that emergency landing was necessitated which resulted in injuries to the passengers, the respondent cannot deny their obligation to reimburse the expenses incurred by the complainant on treatment of her injuries sustained by her on account of such emergency landing. The complainant counsel has also argued that had the respondent taken care of all the parameters of fitness of the helicopter before taking off the incidence could have been averted.  Reporting of incidence of technical problem at 20,000 feet above the ground level was sufficient enough to create panic in the mind of the passengers. The sensation of death in such situations is natural.  The mental pain, agony and suffering cannot be ruled out.

            Taking all the facts and circumstances into consideration, we allow this complaint. We direct the respondent to pay to the complainant a lumpsum amount of Rs.50,000/- which shall include the reimbursement of the medical bills and compensation for mental pain and agony.  We, further, award a sum of Rs.10,000/- towards the cost of litigation. Let this amount be paid within 45 days from the date of order.  If not paid, then this amount shall carry interest at the rate of 9% p.a. till it is finally paid.

Copy of the order is served on both the parties as per rules.

 

  (Subhash Gupta)                                   (Poonam Malhotra)                                    (N.A.Zaidi)

            Member                                               Member                                      President