S. Venkatesh Murthy Vs Union of India (UOI) and Others

Karnataka High Court 5 Mar 1990 (1990) 03 KAR CK 0054
Bench: Single Bench

Judgement Snapshot

Hon'ble Bench

M.P. Chandrakantharaj Urs, J

Judgement Text

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M.P. Chandrakantharaj, J.@mdashThis appears to be a public interest litigation. Petitioner is one S. Venkatesha Murthy. He has described himself as a social worker aged about 29 years. He has made a plea in this Petition for financial assistance to the residents of Challaghatta village situated on the North-western outskirts of Bangalore Air Port of Hindustan Aeronautical Limited. He has arrayed as many as six respondents who include the Union of India, the Director General of Civil Aviation (Inquiry), the Managing Director, National Airport Authority, Managing Director, Indian Airlines and Air India, Managing Director, Hindustan Aeronautical Limited and the Director, Bangalore Air Port, Vimanapura.

2. It is alleged by him that on 14-2-1990, an unfortunate Air-bus A-320 crashed while about to land at Bangalore Air-Port in which as many as 85 people perished. The villagers of Challaghatta rushed to the spot and aided and assisted the fire-fighting forces of the Bangalore Air-Port as well as the other authorities in conducting rescue operations at considerable personal risk and danger. He has further averred that despite the sacrifice made by the villagers, none have come forward to reward them and therefore, this Court must by a writ, order or direction in the nature of mandamus direct the respondents to pay adequate compensation for the assistance rendered by the villagers of Challaghatta.

3. Which of the residents of Challaghatta rendered assistance is not clear in the averments made. Apart from that, no provision of law is pointed out under which such voluntary offer of help is liable to be statutorily rewarded. Nor is there any averment that a demand was made in that behalf. However, it is alleged that the Air-bus mishap caused considerable shock to the people in the vicinity. Some passengers who were rescued were burnt and many cattle also perished. For those who have died in the crash and those who have suffered injuries in the accident, adequate compensation will be paid to the survivors as well as the legal representatives of those who died in the accident, People whose cattle perished also will be compensated at the hands of Indian Air-Lines to whom the Air-bus-belonged. If not so compensated their rights will be enforced in a proper suit. But the villagers cannot have that right to claim compensation for the assistance given by them.

One of the requirements for the issue of mandamus is a demand in writing made to the authority that is required to perform the statutory duty so that it will have a chance to perform or not. Even that would restrain this Court from issuing the direction prayed for.

4. This Court must not fail to observe that the voluntary assistance rendered in time of crisis and unforeseen accidents can be rewarded voluntarily by the appropriate authorities if they form an opinion that such reward is deserved. This Court has no means of compelling the authorities to reward those who rendered such assistance. It is equally useful to observe that those who voluntarily render service in a crisis and situation calling for human sympathy should not expect anything by way of reward for what they have done.

5. Subject to the above observation this Petition is dismissed.

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