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 January, 2012 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.Sudhakarans.
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 19 th January, 2012. 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 18 th January, 2012 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 18 th January, 2012. 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 January, 2012. 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 18 th January, 2012. 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 cant 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 his son into the Jet
Airlines flight. Mr.Raghunandan approached the Kidway Super Speciality
Hospital in Bangalore for temporary treatment of his son at 7.45 pm on
18th January, 2012, as his sons condition deteriorated at the Airport. He
was immediately given glucose and revived by the doctors at Kidway
Super Speciality Hospital in Bangalore. The doctors of Kidway Super
Speciality Hospital informed Mr.Raghunandan that his sons condition is
further deteriorating and he needs to undergo operation within six hours
and it can be done only in Mayot Hospital in Chennai.

At 8.30 pm on 18th January, 2012, Mr.Raghunandan finally decided

to take his son by road to Chennai with the help of doctors at Kidway
Super Speciality Hospital in Bangalore. Mr.Raghunandan started the
journey to Chennai in the ambulance of Mamata Super Speciality Hospital
in Bangalore at 8.45pm on 18th January, 2012. After three hours of
travelling, the vehicle was stopped by the Tamilnadu police at RTO
checkpost for routine checkup at 11.45 pm on 18 th January, 2012. During
the checkup, they found that the drivers driving license has expired a day
before. So, they stopped the vehicle for further investigation.
Mr.Raghunandan informed the Inspector who is incharge there about the
emergency situation and requested him to allow the journey.
Mr.Raghunandan also pleaded before the Inspector that his son has got
right to life a constitutional right guaranteed under Art. 21 of the
Constitution. The inspector refused to consider anything and said proper
procedure is required to be allowed to go at 1am on 19 th January, 2012.
The time they reached the hospital, in fact the hospital authorities were
ready with all the arrangements for an immediate surgery. But after
attending Mr.Sudhakaran, the doctors informed Mr.Raghunandan that his
son was already attacked by a paralytic stroke and paralyzed one hour
before. They also informed him that he wont be able to move any limbs
of his body below his neck and also will remain in coma for the rest of his
life. Argue.