(Querist) 05 September 2009
This query is : Resolved
i want your help regarding this moot problem.......
Intra –Moot Court Problem
Mr.Sudhakaran is the son of Mr.Raghunandan, Managing Director of Biocon Pharmaceutical Industries which is having the turn over of 200 crores per annum and having its registered office at Cochin. Mr.Sudhakaran met with an accident on 18th August, 2009 at 10 am while travelling in a Maruti Suzuki Swift on the Trivendrum and Cochin Highway. He sustained severe intestinal damage and contusion of the Liver as well as ancillary injuries including two broken ribs, dislocation of the lower jaw, two broken fingers and a broken wrist. He was taken to the Apollo Hospital in Trivendrum at around 12 noon where the doctors advised Mr.Raghunandan to take his son to Mayot Hospital in Chennai which is the only multi speciality hospital available in India to deal with the special cases like Mr.Sudhakaran’s. They also advised Mr.Raghunandan that his son has to undergo operation within twenty four hours else, his son will suffer paralysis and may succum.
In pursuance of that, Mr.Raghunandan called Mayot Hospital, Chennai and the operation was fixed at 2 pm on 19th August, 2009. The doctors at Apollo hospital, Trivendrum informed Mr.Raghunandan that his son has to travel with artificial life support system. Mr.Raghunandan immediately contacted Mr.Avinash, the agent of Kingfisher Airlines at Trivendrum for booking the flight tickets by explaining the condition of his son.
Mr.Avinash booked the tickets for Mr.Raghunandan in Kingfisher Airlines from Trivendrum to Chennai via Bangalore transit ticket which scheduled to take off at 4pm on 18th August, 2009 and also informed him about the arrangements he made with the Kingfisher Airlines for carrying on the life saving machine till Bangalore and mentioned that the further arrangements in the connecting flight shall be made by the Kingfisher Airliness personnel.
The Kingfisher Airlines is an Airline operating with in the airspace of the republic of India having its registered office at Commerce House, Fort, Mumbai. Mr.Raghunandan reached the airport along with his son who is with life supporting equipment by 3pm on 18th August, 2009. At 3.30pm only he saw that the ticket contains a clause 2.2 stating that “the bearer of this ticket certifies that he/she is in a fit condition to fly and is not suffering from any health problem which may be a hindrance to his travel”. Mr.Raghunandan along with his son boarded the flight at 4pm on 18th August, 2009. Exactly at 5.30pm it reached the Bangalore airport where Mr.Raghunandan was asked to wait for the Jet Airlines flight which is scheduled to take off at 7pm on 18th August, 2009. Around 6.45pm the Jet Airlines officials informed Mr.Raghunandan that as per Cl.8 of the memorandum of understanding between the Kingfisher Airlines and Jet Airlines, “all the passengers flying from Trivendrum to Chennai via Bangalore will be regularly boarded in the Jet Airlines and all the norms and conditions of the Jet Airlines will be applicable to those passengers”. Further the officials informed that as per terms and conditions in Cl.8 “the bearer of this certifies that he/she is in a fit condition to fly and is not suffering from any health problem which may be a hindrance to his travel”. So, they can’t board his son into the Jet Airlines flight.
Mr.Raghunandan pleaded with the Jet Airlines authorities to take note of the seriousness of his son and requested them to allow their travel. He also pleaded for the life of his son by mentioning that they have already travelled from Trivendrum to Bangalore by the Kingfisher Airlines and Jet Airlines is having a contractual obligation to carry them to Chennai and also briefed about that arrangements made at Trivendrum Airport by Mr.Avinash and the promise that he made they can travel along with life supporting machine in the Jet Airlines also. Inspite of all the plea by Mr.Raghunandan, the officials refused to board hi