S Subramaniam vs K L M ROYAL DUTCH AIRLINES

THE complainants are the legal heirs of S. Subramaniam who was a Senior Financial Analyst of the Word Bank, died on 19th May, 1997 while he was travelling by KLM Flight from Delhi to Amsterdam. The news of death was given to the complainants by the Indian Embassy at Amsterdam No communication was given directly by KLM. The grievance of the petitioner is that the death of Subramaniam was under mysterious circumstances. It was argued strenuously that he was hale and hearty, but for a blood sugar problem. He has no physical ailment apart from blood sugar. He used to take oral medicines. He was not on insulin. According to the complainant, in the luggage, which was returned to the family of the deceased, a vial of insulin was found, which according to the complainants was mysterious.

THE suggestion made by the complainants is that the vial of insulin must have been used to give on insulin injection to the deceased which ultimately led to the death. The case of the Airlines is that Subramaniam, during the flight, fell ill and called the Purser, Rob Smink of KLM and expressed difficulty in breathing. He asked for Oxygen which was provided immediately. One of the passengers in the flight happened to be a Doctor and he was called to attend to Subramaniam. The Doctor was given the medical kit carried on board. The flight Captain decided to make an unscheduled stop at Frankfurt. The Doctor gave Subramaniam lasix, morphine and nitro and more oxygen. The Doctor expressed apprehension about Subramaniams condition. The flight Captain decided to make an unscheduled stop at Frankfurt to enable Subramaniam to get proper medical treatment. Subramaniam was laid on the floor of the aircraft. He was pale and not reacting. Efforts were made by the attending Doctor to revive him. A second Doctor on the flight was also called. The two of them, in spite of trying for 15 to 20 minutes were unable to revive Subramaniam. He passed away even the plane was on the way to Frankfurt for the unscheduled halt. Since Subramaniam had passed away it was decided not to stop at Frankfurt but to continue the journey to Amsterdam which is half -an -hours journey from Amsterdam.

IMMEDIATELY after arrival of the aircraft at Amsterdam the police were being informed to take charge of the body. The Indian Embassy at Hague was informed by phone by the Airlines at 9.15 hours. The police informed the Embassy on their own at 9.30 hours. At 10.50 hours the Indian Embassy confirmed to the Dutch Police Authorities that they would inform the family of Subramaniam in India. Additionally, information was given to the World Bank as Subramaniams ticket had been booked by the World Bank.

SO far as medical negligence is concerned we are of the view that no case has been made out by the complainant. In fact, the complainant has seriously misled the Commission by arguing that Subramaniam had no history of heart disease and the only problem was of blood sugar which was not of a serious dimension. He used to take oral tablets. The contention of the complainant is belied by the medical certificate given by Dr. K.S. Reddy, Professor of Cardiology of Indian Institute of Medical Sciences which reads as under : ''August 8,1998 To Whomsoever it may concern This is to certify that Mr. S. Subramaniam was registered at the cardiac clinic of AIIMS and was on periodic follow -up from 24.5.1990 to 1.5.1997 (vide CV. No. 72810). He was diagnosed to have coronary heart disease (old inferior and anterior myocardial infarction with left ventricular dysfunction) and non -insulin dependent diabetes mellitus. His previous medical records from Apollo Hospital, Madras indicated that he was on treatment with Glynase (an oral hypoglycaemic drug) for the management of diabetes. He was advised to continue to the same treatment for diabetes along with a revised prescription for cardiac medication. There is no record suggest that he was on insulin during the period of his follow -up at AIIMS. Sd/ -xxxxxxxxx (Dr. K.S. Reddy) Prof, of Cardiology''

THIS medical certificate clearly indicates that Subramaniam had a heart problem of long standing. He was advised to have revised prescription for cardiac medication.

THERE is also a coroner/pathologist report available on record in which the cause of death has been recorded as heart -attack. The First Secretary to the Indian Embassy at Amsterdam has also recorded on 21.5.1997 to the following effect: ''Date: 21.5.1997 To Whomsoever it may concern The coffin containing the dead body of Mr. Somasundaram Subramaniam is being sent to India from Amsterdam by flight No. KL - 871 on 22.5.1997 at 1045 hours and reaching Delhi at 2215 hours same day. According to the certificate of the official coroner/pathologist, Mr. Somasundaram Subramaniam died due to heart attack and not due to any contagious disease. According to the certificate issued by the company responsible for placing the body in the coffin and its sealing, the body of Mr. Somasundaram Subramaniam has been embalmed and has been laid in the coffin in accordance with the provisions of the international convention. Sd/ -xxxxxxxxx (R. Khanna) First Secretary (Consular) From this it also clearly appears that the deceased had a history of heart problem and actually died of heart attack. It has not been proved in any way that Subramaniam was given insulin injection by any one of the attending Doctors who were fellow passengers. For obvious reasons their names have not been disclosed by the Airlines. Medical persons who offer their voluntary services to fellow passengers would not want to be unnecessarily dragged into litigation. There may have been some delay in informing the relations of the deceased on the part of the Airlines. But, the Airlines had promptly informed the Indian Embassy at Amsterdam and also the World Bank, the employer.

THE Airlines, however, did not inform the next of the kin of the deceased. There was some delay on this account. But, taking an over all view of the matter and because of the fact that the Embassy and the World Bank had promptly informed the next of the kin of the deceased, we hold that no case has been made out at all in the complaint. The complaint is dismissed. There will be no order as to costs. Complaint dismissed.