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 28,2020

Mangaluru, May 28: A pregnant woman who returned from Dubai in a repatriation flight suffered miscarriage after she was allegedly denied entry to her apartment flat and also refused proper treatment in the institutional quarantine.

Fathima was put in a paid quarantine facility after she returned on May 12 flight for her first delivery.

On the second day of her return, she tested negative for Covid-19 in the first test. As per SOP (Standard operating procedures) for pregnant women, she was ready to shift to her apartment, Shivdeep Residency, located at Shivbhag in the city for home quarantine.

However, the members of the Resident Welfare Association of the apartment who got a whiff of her arrival, called an emergency meeting the previous night and reportedly informed the pregnant woman that her entry to the flat would put other residents in trouble and suggested that she stay away.

Sources said the RWA consists of some serving and retired police officials.

With no other go, the woman continued in the paid quarantine.

Treatment for a pregnant woman?

Fathima's father-in-law Azeez Bastikar said the doctors who attended her during the quarantine did not provide proper healthcare required for a pregnant woman and also refused to touch her, out of fear.

Many a time, they did not even check her BP, saying that they ‘forgot to bring the kit’. When her situation worsened, the family members contacted several hospitals in the city but all of them allegedly refused to admit her, fearing the sealing down of the hospital in case she tests positive on the 14th day COVID test.

Finally, the six and half months pregnant woman was shifted to a clinic on Wednesday after her 14th day test had turned negative.

The doctors who checked her found out that she had suffered a miscarriage and operated on her to remove the stillborn. The doctors said further delay would have costed the woman her life.

Meanwhile, on Thursday, Azeez Bastikar approached Deputy Commissioner Sindhu B Rupesh, seeking action against the doctors and hospitals who denied treatment and the RWA who refused her entry to the apartment.

Stating that the ill-treatment meted out to her daughter-in-law by doctors and others added to her trauma resulting in the miscarriage, he appealed to the authorities to ensure that no one else is treated in a similar manner.

He said that Fathima and her husband live in Dubai and that she came to India for a safe delivery as the situation was critical in Dubai.

The paid quarantine facility where she had to continue after RWA denied her access, charged her Rs 60,000 for her stay.

Meanwhile, the MCC commissioner Ajith Kumar Hegde on Thursday issued a notice to Shivdeep Apartment for refusing Fathima's entry.

The apartment has to respond within three days, failing which legal action will be initiated against it.

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June 13,2020

Mangaluru, June 13:  The Central Crime Branch of Bengaluru City Police, which is digging up old cases involving underworld gangster Ravi Pujari, has now launched a fresh probe into the murder of human rights lawyer Naushad Kashimji.

Kashimji was gunned down on April 9, 2009 at the basement of his apartment in Falnir in Mangaluru. Ravi Pujari had allegedly ordered the hit. 

As part of investigation, a team from Benglauru CCB has come to Mangaluru. CCB sleuths, who obtained Pujari’s police custody in connection with this case, are tying up the loose ends pertaining to the murder of Kashimji who was representing D-Company hitman Abdul Rashid Hassan Malbari aka Malbari. 

Pujari was said to be unhappy over Kashimji representing Malbari. Pujari had also allegedly issued life threats, directing him to desist from doing so.

Kashimji had reportedly received more than 10 international threat calls from March 30 to April 9 (the day he was murdered). According to a senior police officer, the advocate had not informed the police or his then senior Purushottam Poojary about receiving the threat calls. “This came to light when police went through his call records later,” the officer explained.

“CCB team is primarily focusing on Pujari’s role in the advocate’s sensational murder,” a senior CCB officer handling the investigating said. 

“We have also lined up other cases in which Pujari is allegedly involved, but had filed the chargesheet against him in absentia as he was then a fugitive,” the officer added. The team is now picking up threads of Pujari’s involvement cases in Dakshina Kannada, Udupi and Chikkamagaluru districts.

Pujari, currently in police custody in Bengaluru, is accused in more than 30 cases reported in Mangaluru from 2007 to 2018. Majority of the cases against Pujari pertain to extortion and extending death threats, one relating to murder, three to shootings/ abduction and one where he supplied money to his henchmen in prison. Police have filed ‘C’ report in 17 out of 28 threat call cases and ‘B’ report in one case. Rest are in different stages of trial.

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News Network
April 5,2020

Bengaluru, April 5: Karnataka Chief Minister BS Yediyurappa on Sunday urged the people to follow the countrywide lockdown strictly amid the rise of COVID-19 cases on Sunday, and said that he has been receiving complaints of people violating the restrictions.

"Everyone knows the damage caused by the COVID- 19 infection around the world. Prime Minister Narendra Modi has announced a nationwide lockdown till April 14 for the protection of people's lives. Even in our state, Bidar, Mysore, Mangalore, Bengaluru and Kalaburagi districts have witnessed a rise in the coronavirus cases day by day," Yediyurappa said.

"The government has taken a number of precautionary measures to control the spread of coronavirus including the closure of borders for public, restrictions on publicly trafficked areas and religious places. The people of the state have to strictly follow the lockdown mandate," he added.

"I have received a lot of complaints about lockdown not being followed effectively. Please remember that the key to ending the lockdown is in your hands. Only you can break the chain by strictly adhering to the restrictions," the CM tweeted.

Earlier on Saturday, 16 people tested positive for coronavirus in Karnataka, taking the total number of cases to 144 in the state.

The total number of COVID-19 positive cases rose to 3,374 in India on Sunday, as per the data provided the Union Ministry of Health and Family Welfare.

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