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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Agencies
January 19,2020

New Delhi, Jan 19: Senior Congress leader Kapil Sibal on Sunday asserted that every state assembly has the constitutional right to pass a resolution and seek the amended Citizenship Act's withdrawal, but if the law is declared constitutional by the Supreme Court then it will be problematic to oppose it.

His remarks came a day after he had said there is no way a state can deny the implementation of the Citizenship Amendment Act (CAA) when it is already passed by the Parliament.

"I believe the CAA is unconstitutional. Every State Assembly has the constitutional right to pass a resolution and seek its withdrawal. When and if the law is declared to be constitutional by the Supreme Court then it will be problematic to oppose it. The fight must go on!" Sibal said in a tweet.

His remarks on the CAA at the Kerala Literature Festival (KLF) on Saturday had caused a flutter as several non-BJP governments, including Kerala, Rajasthan, Madhya Pradesh, West Bengal and Maharashtra, have voiced their disagreement with the CAA as well as National Register of Citizens (NRC) and National Population Register (NPR).

"If the CAA is passed no state can say 'I will not implement it'. It is not possible and is unconstitutional. You can oppose it, you can pass a resolution in the Assembly and ask the central government to withdraw it.

"But constitutionally saying that I won't implement, it is going to be problematic and going to create more difficulties," said the former minister of law and justice.

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News Network
April 28,2020

Mangaluru, Apr 28:  Dakshina Kannada Deputy Commissioner, Sindhu B Rupesh on Tuesday announced a relaxation in the sealed down parts of the district.

Seal-down in Bantwal's Sajipanadu, Belthangady Taluk's Karaya and Sullia Taluk's Ajjavara have been relaxed, he said.

The move comes on the backdrop of the fact that no positive cases have been reported in these places and all the primary and secondary contacts of the patients have completed their quarantine period.

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News Network
January 15,2020

Bengaluru, Jan 15: The on-going process to select a new Karnataka Pradesh Congress Committee (KPCC) president is likely to drag on for few more days with former CM and opposition leader Siddaramaiah making a strong pitch for former minister MB Patil over DK Shivakumar for the post.

Siddaramaiah, who met AICC president Sonia Gandhi and other senior Congress leaders in New Delhi on Tuesday, reportedly argued in favour of Patil, saying his elevation would help the party win Lingayats to the fold.

“Yediyurappa, the undisputed leader of the Lingayat community, is almost at the end of his career and it is an opportunity for the Congress to gain the confidence of the community. Being a leader from North Karnataka, Patil fits the bill perfectly,” Siddaramaiah reportedly told Sonia.

Siddaramaiah is said to be backing Patil over Shivakumar as he is worried about losing his hold over the state unit, given Shivakumar’s popularity. While Sonia did give the former CM a patient hearing, she is said to have told him that he should obey and cooperate with whatever decision high command takes.

The high command is looking to evolve consensus on the new state president. “Sonia’s meeting with Siddaramaiah is part of this exercise. She wants to keep everybody in the loop,” said a functionary.

Siddaramaiah also met senior leaders Ahmed Patel and AK Anthony. He is expected to meet former AICC president Rahul Gandhi on Wednesday.

However, some including Mallikarjun Kharge and Shamanur Shivashankarappa have expressed reservations against Patil’s elevation, pointing to his role in the controversial separate Lingayat religion issue which dented the Congress’ prospects in the 2018 assembly polls.

“He has a very bad name among Lingayats and making him president would prove counter-productive. Moreover, it is difficult to win back Lingayats as long as Yediyurappa is active in politics,” said a senior Congress leader.

Another functionary said a majority of state functionaries — and even some in the high command — favour Shivakumar as he is not only “resourceful”, but also has momentum. “With HD Deve Gowda and HD Kumaraswamy losing popularity among Vokkaligas, the possibility of the community backing Shivakumar is high. This may land him the top job,” the functionary said.

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