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2021 DAILYLAW 541 (ORI)

RITU JHA v. DIRECTORATE GENERAL OF CIVIL AVIATION

WP(C)/5592/2021 · 2026-01-08

Biraja Prasanna Satapathy

Writ Petition (Civil)body2021

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 5592 of 2021 Ritu Jha ..... Petitioner Ms. V.S. Rakle, Adv. -versus- Directorate General of Civil Aviation & Others ..... Opposite Parties Mr. J.B. Mohanty, CGC Mr. S.K. Mohanty, Adv. (for O.P. No.4) Mr. A. Behera, Adv. (for O.P. No.3) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 08.01.2026 Order No. 11 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia with the following prayer:- It is therefore, prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, issue a writ of mandamus directing the Opp.Parties adequately compensate the Petitioner of Page 2 of 3. Rs.3,91,00,000/- and direct Opp.Party DGCA to take appropriate action against GATI for non-compliance of the Civil Aviation Requirements as well as Aircraft Act and other rules prevalent in this regard And issue a certiorari wherein the Insurance Policy in question is quashed to the extent that it limits the insurance cover/liability to the tune of Rs. 10,00,000/- only as well as a writ of mandamus directing the Opp.Party No.3 & 4 to grant the enhanced insurance sums to the petitioner which is commensurate to the deceased life expectancy and last drawn salary structure and direct the Opp. Party New India Assurance Company to come up with a comprehensive policy for aircraft accidents for the future within a reasonable period as would be fixed by this Hon’ble Court may deem fit and proper And for this act of kindness, the Petitioner as in duty bound shall ever pray. 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of her claim, if any, within a period of three (3) weeks hence. 4.1. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No. 1 shall do well to take a lawful decision on the same within a period of three Page 3 of 3. (3) months from the date of receipt of such representation. The order so passed by Opp. Party No. 1 be communicated to the Petitioner. 4.2. With the aforesaid observation and direction, the Writ Petition is disposed of. (Biraja Prasanna Satapathy) Judge Sangita