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

[email protected] (Agencies)
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 25,2020

Bengaluru, Mar 25 : Karnataka recorded its highest single-day tally to date, as 10 people tested positive, taking the total number of cases to 51 in the state.

“Till date 51 COVID-19 positive cases have been confirmed in the state which includes one death and three discharged," the health department said in a statement on Wednesday.

The rise in cases adding to the growing national tally of people who have tested positive for COVID-19.

The daughter of a former union minister from the Bharatiya Janata Party (BJP) from Karnataka has also tested positive.

Bengaluru accounts for 32 of the total 51 cases recorded in the state so far,including three who have fully recovered and released.

Dakshina Kannada has five confirmed cases, Chikkaballapura and Kalaburagi has three cases each, Mysuru has and Uttara Kannada has two cases each and four other districts have one case each.

Prime Minister Narendra Modi has announced a 21-day lockdown of the country to keep people indoors and contain the spread of the virus in the community.

The government has also been trying to scale up testing.

Medical education minister K.Sudhakar on Wednesday told Mint that Karnataka will scale up testing by 10-fold with the help of government and private labs approved by the Indian Council of Medical Research (ICMR).

A total of 2,438 people have been tested in Karnataka and 2242 have tested negative, according to state health department. 214 people are lodged in medical hospitals.

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News Network
July 29,2020

Bengaluru, Jul 28: As many as 5,536 new COVID-19 cases and 102 deaths were reported in Karnataka on Tuesday, according to the State Health Department.

With these new cases of coronavirus, the total number of positive cases in the state stands at 1,07,001 including 64,434 active cases, 40,504 discharges and 2,055 deaths.

India on Tuesday reported 47,704 more COVID-19 cases in the last 24 hours, taking the country's count of coronavirus cases to 14,83,157, informed the Union Ministry of Health and Family Welfare.

Out of the total cases, there are 4,96,988 active cases in the country while the number of patients cured/discharged and migrated stands at 9,52,744. With 654 deaths due to COVID-19 in the country reported in the last 24 hours, the death toll rises to 33,425.

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News Network
July 17,2020

Bengaluru, Jul 17: The Karnataka State Board of AUQAF has ordered that management committees at Muslim Khabarastans, shall not refuse burial to Muslims died due to COVID-19.

"...in exercise the powers conferred under Waqf Act 1995, it is hereby ordered that management Committees/Muthawallies/Administrators responsible for the management of Muslim Khabarastans in the state of Karnataka irrespective of registered or unregistered in the Waqf, shall not refuse the burial of Muslims died due to COVID-19 pandemic," read an order from the Karnataka State Board of AUQAF on Thursday.

"They shall co-operate with all the Nodal Officers designated for this purpose regarding the decent burial. Non co-operation or refusal on the part of the management will be construed as an insult committed to the deceased. Any violation of the above order will attract the punitive provision of Indian Penal Code and removal from the management as per the provisions of the Waqf Act 1995," the order read.

It further said that the Waqf Officers, District Wakf Advisory Committees of the state, shall ensure the adherence of this order, and circulate the same to all the Khabarastan managements, registered or unregistered in the state.

"No further deliberation in this regard is solicited except compliance of the order in letter and spirit. Any dereliction in this regard will be viewed seriously," it read.

Giving a background on the issue of burial of COVID-19 deceased, the order read, "It is observed that, number of deaths are being occurred in various Districts of Karnataka, due to COVID-19 pandemic and it is reported that, some of the management committees of Khabarastan, are not cooperating to bury the dead bodies of COVID-19."

"A decent burial is a right of the dead person" as per the law of the land and the Islamic jurisprudence. It is needless to emphasize the importance of burial of Muslim dead bodies in Shariah. The dead body of a Muslim is treated with the utmost respect by the Ummah, joining in the funeral (Tadfeen), participating in the Namaz-e-Janaza and the burial are considered as Farz-e-Kifaya in Muslim law. According to the tradition of Islam, the person who participates in the funeral is entitled to Mountain sized reward (Sawaab)," the order read.

As per the order, the board, in its earlier circular had also cautioned the management of Waqf institutions and Khabarastan which were reluctant to allow the decent burial in the Khabarastan would be punished under the provisions of Indian Penal Code and the punitive provisions of the Waqf Act 1995 as well.

"The District Magistrates and the Superintendent of Police in the districts have been requested to prosecute the erring management committees who are responsible for non co-operation in this regard. Hence, the following order," it added.

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