Rs 2.35 cr compensation for family of Amarnath crash victims

The crash took place on August 5,2003,killing pilot Group Captain J S Kehlon and four Amarnath pilgrims including the Kedia couple. The state-owned Bell 407 helicopter was completely damaged in the crash.

Kehlon was also the Civil Aviation Commissioner of the state government.

The complaint was filed before the commission by R K Jajodia,maternal grandfather of two minor sons of the Kedias.

“The award is made against the state government,the present Civil Aviation department of the state government and M/S Nidesh Tours and Travels which unauthorisedly engaged as booking agent for the copter sorties by the deceased pilot in his capacity as Civil Aviation Commissioner,” the commission said in the order,adding the liability shall be joint.

In case of non-payment of the award amount within two months,interest shall be chargeable at the rate of six per cent per annum till the liability is liquidated.

The commission also directed the state chief secretary to constitute a committee of experts to inquire into the crash and submit a report to the commission within four months. It also asked the committee to submit recommendations for taking suitable legal action against the delinquents functionaries within the “four corners of law”.

“As some of the delinquent functionaries are responsible for this crash and after their identification in the inquiry,the state government is authorised to recover the amount of the award from their pay or pension as the case may be,” it said.

The Bench observed that such actions act as checks on “arbitrary and capricious exercise of power. It also helps in curbing social evils and would result in improving the work culture and in changing the outlook of public servants”.

Kehlon was taking off the flights before the prescribed time specified by DGCA. “Surprisingly,his controlling and supervisory officers had given a free hand him to be above law and regulations which ultimately resulted in avoidable loss of precious human lives and public money,” the commission observed.

Censuring the mode in which the helicopter was being plied to ferry the yatris,the commission held that commercial operations of the state chopper was being conducted by Kehlon without commercial permit of DGCA and commercial insurance cover as also in gross violation of aviation and safety rules.

“This not only resulted in loss of precious human lives but also caused a huge loss of Rs 8.45 crore to the state exchequer as the cost of the copter which would have been recovered from the insurance company had it been properly insured for commercial operations. Even the co-pilot was not taken on the flight,” the commission said.

Though the inquiry report of Parvez Dewan,the then Divisional Commissioner Kashmir,had pointed out some irregularities and illegalities including misappropriation of ticketing money,no legal action was taken on the report.

The commission passed strictures against the present Civil Aviation Commissioner S Katoch and asked the chief secretary to inquire into his conduct “in not taking any legal action against the alleged misappropriation of government money”.

The Bench also directed that the inquiry against Katoch probe the reasons for him “willfully withholding public documents”,which “undoubtedly were in his custody and not tendered in evidence before the commission. A false defence was also taken by him in the proceedings which were further reiterated by giving false evidence in the court of law”.

The commission also flagged for inquiry and action in the apparent lack of checks and balances in auditing the accounts and supervising the release and use of public money in a legal and regulated manner by the Finance Department.

“Equally unexplainable was the fact the no action was taken under law on the report of Deputy Director Air Safety,” it said.