Page 54 - Insurance Times July 2023

Pay Rs. 12 lakh for man's death, wherever needed, and, in this case, IndiGo and BIAL failed
to provide a wheelchair at the right time.
Bengaluru airport, IndiGo told
The family of a 60-year-old passenger who died of a heart Don't deny govt staffer medical claim for
attack sued Kempegowda International Airport and IndiGo
emergency treatment: HC
airline and won compensation of Rs 12.1 lakh for failure to
The Delhi high court (HC) ruled that medical claim of a
provide a wheelchair and medical assistance in the golden
government employee for reimbursement of treatment
hour.
undertaken in emergency should not be denied merely
Chandra Shetty's wife Sumathi, and daughter Deekshitha, because the hospital was not empanelled with the Central
residents of Yelahanka, approached the city consumer court Government Health Scheme (CGHS).
after a traumatic experience on November 19, 2021.
A division bench of Justices V Kameswar Rao and Anoop
A trip to their village in Mangaluru turned tragic for the Kumar Mendiratta observed that the test would be to see
Shetty's after they reached KIA to board an IndiGo flight. whether the claimant had actually undertaken the treat-
Chandra collapsed to the floor soon after check-in. While ment in an emergency as advised and if this contention is
he lay unconscious, his wife and daughter sought help from supported by records.
the IndiGo ground staff to bring a wheelchair so that he
"Preservation of human life is of paramount importance. The
could be rushed to a hospital. They claimed that the airline
state is under an obligation to ensure timely medical treat-
staff failed to assist them in time and his condition deterio-
ment to a person in need of such treatment and a negation
rated. Due to lapses by airline staff, the golden hour passed
of the same would be a violation of Article 21 of the Consti-
without medical attention. Chandra breathed his last when
tution," the bench said in a judgment dated May 10.
he was finally taken to the hospital 45 minutes later.
It made the observations while dismissing a plea moved by
His family members lodged a complaint with the KIA police
the central government challenging an order passed by the
station against IndiGo and Bangalore International Airport Central Administrative Tribunal directing it to reimburse a
Limited (BIAL), the operator of KIA, on December 7, 2021,
retired pensioner employed as a senior carpenter with the
but to no avail. In March 2022 they approached Bangalore government, for the balance amount incurred by him due
Urban District Consumer Disputes Redressal Commission. to emergency medical treatment for "trigeminal neuralgia"
IndiGo representatives failed to file their version before the at the VIMHANS hospital in Delhi, which was not
empanelled with CGHS.
consumer forum despite being served a notice. The attor-
ney representing BIAL denied all allegations by the Shetty The bench said denial of such medical claim by authorities
family, saying the airport staff took the passenger to a only adds to the misery of the government servant by forc-
clinic inside the terminal and then transported him to As- ing such individual to resort to courts.
ter Hospital.
The respondent, the Centre, submitted that the treatment
On April 20, the consumer court slammed the airport au- was undertaken by the pensioner at a non-empanelled
thorities for their inhuman attitude. It said airlines and air- hospital on his own volition and, thus, he was not entitled
ports should provide a safe atmosphere for passengers to reimbursement as per policy.

48 July 2023 The Insurance Times