Compensate IAF pilot rendered ‘unfit’ after MiG crash, says HC

The Delhi high court directed the Centre and Hindustan Aeronautical Limited (HAL) on Tuesday to compensate a serving Indian Air Force officer who was rendered unfit for flying after a MiG-21 crash in 2005, with ₹5 lakh and ₹50 lakh, respectively, saying officers of the armed forces could not be put to “more risk than they had bargained for”.

The Russian-origin fighter aircraft has often been referred to as the “flying coffin” and “widowmaker” due to its poor safety.

Wing commander Sanjeet Singh Kaila had moved the high court in 2013 seeking a direction to the government and HAL to issue a formal apology for a manufacturing defect and faulty workmanship in the MiG-21 aircraft which he was flying in 2005, that allegedly led to the crash.

A bench of Justice S Ravindra Bhat and Justice Deepa Sharma said on Tuesday, putting the officers of the armed forces above what is “expected to be normal risk” is against the fundamental right to life especially the right to work in a safe environment guaranteed under the Constitution. The bench added that HAL is liable to compensate the officer for “exposing him to more than reasonable risk”. It was the first time a crash survivor from the IAF sued the government seeking redressal against the violation of his fundamental right to life.

The officer, represented by advocate Bharat S Kumar, had alleged in his plea that a reply to his RTI on the findings of the Court of Inquiry (COI) instituted after the crash revealed that it was caused due to poor workmanship and a manufacturing defect allegedly caused by HAL.

He submitted that the intent behind the petition was to ensure that “HAL is made accountable and aware of the ramifications of their actions impacting the security of this country.”

Wing commander Kaila also stated that despite giving representation to the government in 2012 seeking financial compensation, he has received nothing.

The officer was posted at Air Force Station Nal in Rajasthan as a Squadron Leader in 2005.

HT FILE An air force team near the debris of a MiG21 that crashed in West Bengal in 2007. The Russianorigin aircraft has been referred to as the ‘flying coffin’ and ‘widowmaker’ due to its poor safety.