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
March 31,2020

Kasaragod, Mar 31: Two more Kasaragod natives lost their lives on Monday due to blockade of the interstate border by Karnataka police in the wake of outbreak of novel coronavirus.

They could not get emergency health care as the Karnataka police stopped the ambulance carrying them to a hospital in Mangaluru at the border.

Another critically-ill person, who was sent back by Manguluru hospital authorities on March 23 for being a Kasaragod native, also died on Monday.

This is the fifth such case in many days.

The deceased are Madhavan, 50, Ayesha, 55 and Aziz Haji, 61 respectively.

All three of them lived near the Karnataka border.

Madhavan, who hailed from Thummanattu in Manjeswaram, died enroute to Kanhangad hospital after being denied entry to cross over to Karnataka. He had an acute bronchial attack.

Udyavar native Ayesha, an asthma patient, was referred to the Mangaluru Hospital by the hospital authorities at Uppali. When the authorities stopped her at the border, she was taken to the Kanhangad hospital. However, she died before reaching the hospital.

Aziz Haji, from Nayabazar Cherugoli MA Cottage at Uppala, was allegedly refused entry into a Manguluru Hospital on March 23 on account of being a Kasaragod native. Haji was a dialysis patient at the hospital. “We were unable to contact his doctor at the time,” his relatives said. Haji, who was on the ventilator, lost his life Monday morning.

One more from Kerala dies as Karnataka police stop ambulance at border
Kunjathoor native Abdul Hameed and Bandwal native Fathima also lost their lives due to the closing of the interstate border.

The district authorities has appealed to the Government to intervene in the matter and influence Karnataka as to lift a ban in crossing over for ambulances carrying critical patients.

The people of Kasaragod are largely dependent on the medical facilities in Mangaluru for critical illness care.

The Kasaragod MP, Rajmohan Unnithan has said he would move the Supreme court against this.

Kerala Chief Minister Pinarayi Vijayan has already taken up the issue with the Centre.

Kerala HC takes up issue with Karnataka AAG

The Kerala High Court on Monday sought the views of the Advocate General of Karnataka on the issue of the government of the neighbouring state blocking its borders with Kerala.

Considering a Public Interest Litigation (PIL) filed by Kerala High Court Advocates Association, seeking a direction for opening the roads, a bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chali requested the Advocate General of Karnataka to join the hearing at 11 am on Tuesday through video conferencing.

The Court orally observed that the blockades erecting embankments on the inter-state roads would affect the people's right to life.

The Karnataka government blocked the state highway with to prevent movement of vehicles carrying essential goods and people seeking emergency treatment at hospitals in the city of Mangalore bordering Kasaragod.

With 97 infected patients, Kasaragod has the largest number of COVID-19 cases in Kerala. 7,437 people are under observation in the district.

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News Network
January 30,2020

Mangaluru, Jan 30: A dentist has been arrested by the Dakshina Kannada district police on charge of sexually harassing a woman patient during treatment at a hospital in Beltangady taluk.

The accused has been identified as Dr Sudhakar. He is facing charges under section 354, 354A(1)(I) of IPC.

The incident occurred yesterday when a local woman had been to the government hospital at Kasaba village in Beltangady for dental treatment.

According to the woman, Dr Sudhakar deliberately touched her body inappropriately and sexually harassed during treatment.

The shocked woman went to the jurisdictional Beltangady police station and lodged a complaint. The doctor was arrested and produced before the court.

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January 30,2020

Bengaluru, Jan 30: There are around 3 lakh Bangladeshis across Karnataka and around 3,000 of them left Bengaluru following the recent crackdown, according to Bhaskar Rao, Bengaluru city police commissioner.

It's the first time a high-ranking official has put a number to Bangladeshis in Karnataka following the debate over the new citizenship law.

At a conclave on 'Construction Workers Safety, Health and Welfare' organised by the labour department and IIMB here, he said the estimate was arrived at based on information sourced from Bangladeshis deported recently.

There's been no study to ascertain the Bangladeshi population in the state, Rao said, adding that most illegal Bangladeshis in Bengaluru are victims of human trafficking.

"They come to Bengaluru for employment. Unlike other cities, Bengaluru has a lot of job potential and pays good salaries too. There are a lot of Bangladeshis working in the construction industry," Rao said.

Workers from Bangladesh demand lower wages. While other labourers demand around Rs 500 to Rs 600 per day, Bangladeshi workers don’t complain about being paid around Rs 100-150,” Rao said, adding that this has encouraged human traffickers to increasingly bring in Bangladeshis.

Suresh Hari, chairman, Confederation of Real Estate Developers Association of India, however, said they’re not aware of the nationality of their workers as contractors bring workers registered for tasks. “It’s difficult to say where they are from as there’s also construction work outside Credai’s purview,” Hari said.

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