SUDHA S Vs. UNION OF INDIA

JUDGEMENT

(1.) Under challenge in these first appeals filed by the unfortunate legal representatives of the victim of an aircraft accident on 22-2-1997, the State of Kerala, the State of Karnataka and the Union of India, is the verdict of the Principal Sub Court. Thiruvananthapuram, in O.S. No. 79 of 1999. For convenience of discussion, the parties can be referred as they are arrayed in the original suit. The first plaintiff is the mother, the second plaintiff is the widow and the third and fourth plaintiffs are the children of late Captain Raj Kumar, who was the Chief Flight Instructor of the Kerala Aviation Training Centre (KATC), the fourth defendant. The fourth defendant is under the administrative control of the State of Kerala, the second defendant. The fourth defendant is managed by a Committee consisting of the President, the Vice President, the Honorary Secretary and other members.

(2.) Formerly, the fourth defendant was known as Trivandrum Flying Club, a private limited company under the Companies Act, 1956. In the year 1980, the Government of Kerala decided to take over the company and changed its name into The Kerala Aviation Training Centre". The rules and regulations regarding flying and engineering sections are put forth by Director General of Civil Aviation, the sixth defendant.

(3.) Late Captain Raj Kumar joined the service as Assistant Flight Instructor under the fourth defendant on 26-4-1980 and he was in-charge of the flying activities as Flight Instructor, since 1-1-1989. There were complaints of delayed promotion, however, his minimum pa)' was fixed by the sixth defendant as per Circular dated 9-9-1991, which according to the plaintiffs is much lower than that prevalent in other flying clubs. Allegedly, late Captain Raj Kumar had a credit record of 17 years continuous flying. Though he was offered a higher pay by other flying clubs, he opted to continue with the fourth defendant; it was alleged by the plaintiffs.