Kerala: Airliner not liable for passenger's death in flight

THIRUVANANTHAPURAM: The Kerala State Consumer Disputes Redressal Commission (KSCDRC) has dismissed a petition filed against an international airliner by the wife of a passenger who died due to a heart attack inside the flight. Gracy Kutty John of Puthiyamparambu in her petition stated that she and her husband P.U. John were passengers from the Cochin International Airport at Nedumbaserry to Doha on April 3, 2014. From Doha, they were to take a connection flight to Houston, USA.

The flight from Nedumbassery Airport however, was delayed due to technical inspection necessitated by lightning hitting the aircraft.  With this, they missed connection flight and had to stay for day at Doha in a hotel arranged by airliner.  The next day on April 4, 2014, they departed to USA and Mr. John suffered cardiac attack in the flight. He was given first aid and oxygen before the aircraft made an emergency landing at New Orleans Airport. However his life could not be saved.

With this she moved KSCDRC demanding a compensation of Rs 1 crore. She claimed that the heart attack would not have happened in the mid air if the flight was not delayed at the Nedumbassery airport. The airliner contested the claim and said it was not informed about a pre-existing condition prior to flying. The deceased was diabetic and had put stents earlier due to cardiac issues. The airline stated that the complainant had booked a wheel chair for her husband to the flight but later changed the same up to the ramp. When airliner staff enquired about this the couple said they have age related problems.

During the time of cardiac attack, two doctors travelling in the flight attended him using medical devices available in the flight. The diversion caused huge expenses including additional fuel and further delay of flights. The commission observed that lightning striking the aircraft at Nedumbassery was an act of the nature on which the airliner had no control. The commission also stated that nothing prevented the couple to postpone or cancel the journey. The airliner was represented by advocate Sandeep T George.