Compensation for air travellers in case of death, injury, lost baggage hiked

March 12, 2016

New Delhi, Mar 12: A Bill providing for enhanced compensation to air travellers in case of death, injury, lost baggage or even inordinate delay in flights, was passed by Parliament on Friday.

baggageThe Carriage by Air (Amendment) Bill was passed in Lok Sabha on December 2015 and by the Rajya Sabha, with certain amendments, on March 2. The Bill, along with the amendments, came back to the Lower House on Friday and was adopted by a voice vote.

Once it gets the nod of the President and becomes an Act, the law would require Indian carriers to pay compensation amount that is equivalent to the rates paid by their global counterparts.

It would allow the government to revise the liability limits of airlines in line with the Montreal Convention, which was acceded to by India in May 2009.

Among others, the compensation for death in an air accident and the amount would be calculated on the basis of SDR (Special Drawing Rights). The Bill intends to raise the liability limit for damage in case of death or bodily injury for each person from 1,00,000 SDR to 1,13,100 SDR.

The currency value of the SDR is based on market exchange rates of a basket of major currencies — US dollar, euro, Japanese yen and pound sterling.

According to the Bill, the liability for delay in carriage for each person was proposed to be raised from 4,150 SDR to 4,694 SDR, while the liability in case of destruction, loss, damage or delay of baggage is proposed to be raised from 1,000 SDR to 1,131 SDR.

The liability in case of destruction, loss or delay in relation to the carriage of cargo has been raised from 17 SDR to 19 SDR.

The liability limits are revised once every five years by the International Civil Aviation Organisation (ICAO) on the basis of a determined inflation factor of 13.1 percent, triggering an adjustment in the limits.

Comments

Wellwicher
 - 
Saturday, 12 Mar 2016

In INDIA it was accepted long back in parliament there was TWO leading MP form MANGALORE was in the panel. Unfortunately they never came to support dirty air INDIA crash victims family. Their appointed commercial mind law firm also not ready to follow MONTREAL CONVENTION or they abide. Most of the compensation they settled in a LOW GRADE policy.
The cause was proven 100% fault by air INDIA and even based on few sound proof which dirty air INDIA management and aviation authority jointly kept under the carpet. From that ONE main evidence raised arguments and fight between on board Pilot and Co-pilot.

Now ONE case seems in supreme court for interpretation of article 13. Subject to supreme courts judgement it will be implemented all over the word. And it is a right step taken by the MANGALORE crash victims association on humanitarian ground.

Hope they will succeed in their rights and take step. Let we all to pray for their success.

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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coastaldigest.com news network
May 5,2020

The Department of Preuniversity Education, Karnataka has declared the board exams or pre university I exam results. To get results online, the students need to log on to result.bspucpa.com and have to provide their registration number and date of birth. 
Apart from the online portal, the students will get the results via mail or SMS.

“The results of the first year Pre-University Examinations will be announced on May 5. The results will be sent directly to students. Hence, colleges will not be displaying the results,” said S Suresh Kumar, Primary and Secondary Education Minister. 

The pre-university course of PUC is a two-year course including class 11 and class 12 called PUC I and PUC II. It is based on PUC score that candidates can get admission to varsities.

Earlier, the Karnataka PUC 1 result was to be announced on March 27 which was postponed and hence the revised dates are announced now.

The board exam results have been put on halt due to the nation-wide lockdown imposed after the coronavirus pandemic gripped India. As of May 3, the number of people infected by the coronavirus in India had crossed over 40,000.

The HRD Minister Ramesh Pokhriyal Nishank had in a meeting asked state and central boards to resume their evaluation process and declare the results to curb any further delay in the academic cycle. The academic cycle has been delayed by over a month due to the coronavirus. Now, the colleges will start by September instead of July.

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coastaldigest.com news network
July 8,2020

Mangaluru, July 8: Dakshina Kannada on Wednesday recorded its highest single-day spike in Covid-19 cases with 183 cases reported in the district, while Udupi reported 31 new cases.

DK also recorded two more fatalities – both patients with co-morbid conditions — taking the total death toll in the district to 28. Udupi has recorded three Covid-19 deaths.

The fresh spike saw total positive cases in DK shoot up to 1,542 and active cases to 819. As many as 12 patients were discharged from hospital on Wednesday. The positivity rate in the district now stands at 0.07 %. Health authorities as on date have received 22,181 samples and 20,153 out of 21,695 samples tested have turned out negative.

MLA’s gunman tests positive

The gunman assigned to former minister U T Khader tested positive on Wednesday and three others who were with him in the escort vehicle have been quarantined, said city police commissioner Vikash Kumar Vikash. A section of police commissioner’s office was shut for sanitisation as per protocol after staff working there were treated as primary contacts. The office per se has not been sealed contrary to ‘reports’ doing rounds in social media, he said.

Deputy commissioner Sindhu B Rupesh said the district reported two deaths — one late on Tuesday and the other during the day. The victims are a 57-year-old man and 32-year-old youth. Two of the 183 cases were secondary contacts, 25 were cases of influenza like illness, four cases of SARI, one a case of inter district travel, two with interstate travel, five with international travel history, 22 random samples and five pre-surgery samples.

Udupi district recorded 31 new cases taking the total positive cases recorded as on date to 1,421. Discharge of 1,189 patients meant that Udupi has 229 active cases.

Meanwhile, Kota Shrinivas Poojari, minister for fisheries on Wednesday inaugurated the Covid-19 lab at district hospital in Udupi. Karkala MLA Sunil Kumar inaugurated ambulance monitoring system to ensure expeditious transfer of infected patients to designated treatment centres.

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