Supreme Court of India News:
SC Stays Grant of Rs.55.5 Lakh Compensation to, Wing Commander Sanjeet Singh Kaila
The Supreme Court’s Vacation Bench comprising of J. L.Nageswara Rao and J. Navin Sinha, on Tuesday stayed the award given by the High Court of Delhi of Rs.55.5 lakh to anIndian Air Force, Wing Commander. The Wing Commander sued the Ministry of Defence and the Hindustan Aeronautics Limited, for the injuries he suffered while bailing out of a fighter aircraft, whilst on duty in a MiG 21 aircraft in 2005.
The bench issued notice on the appeal filed by the HAL against the Delhi High Court verdict.
On January 4, 2005, whilst on a routine training sortie, Wing Commander Sanjeet Singh Kaila’s MiG 21 (T-75) burst into flames soon after its take off. He made all attempts to save the aircraft failed but the aircraft crashed. In the incident, Kaila suffered injuries, which progressed into a condition called Cervicalgia which made him a disqualified pilot.Kaila then sued the Government and the HAL, for compensation and an apology.
He claimed that the lack of airworthiness of the aircraft, induced by solely human factors, resulted in violation of his right to life under Article 21 of the Constitution and more specifically, his right to work in a safe environment.
Kaila relied on the Supreme Court’s judgment in Vishakha v. State of Rajasthan, where emphasis was given on “the fundamental right to carry on any occupation, trade or profession depends on the availability of a safe working environment” came to Kaila’s assistance, as he argued that “safe environment” would extend to the equipment supplied to the Indian Armed Forces, the maintenance of safety standards including in repairs and handling of equipment by its personnel.
While a member of the Armed Forces ungrudgingly consents to the risk that comes with his enlistment in the forces, this does not justify providing personnel with poor equipment and resultantly negligently putting them in harm’s way, it was pointed out.
The Delhi High Court bench of Justices S.Ravindra Bhat and Deepa Sharma, on May 2, accepted Kaila’s submissions and directed the Union of India to pay compensation of Rs.5 lakhs for the trauma and agony which he underwent and as liability for non-disclosure of relevant information relating to unsafe workplace. The bench also held HAL liable to compensate Kaila Rs.50 lakhs for the defective equipment and violation of his right to life and dignity, and Rs.50000 separately towards costs of the legal proceedings. The hearing of the HALs appeal in the Supreme Court thus will be of considerable interest.
