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 31,2020

Bengaluru, May 31: Karnataka government on Sunday issued guidelines, which will come into force from June 1 and continue till June 30.

According to the new guidelines, religious places and places of worship for the public, hotels, restaurants and other hospitality services, and shopping malls will be permitted to open from June 8.

Union Ministry of Home Affairs (MHA) on Saturday announced new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1.

In an order, Karnataka government said that phased re-opening of areas outside the containment zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW).

PHASE I

The activities will be allowed with effect from June 8 at religious places/places of worship for public, hotels, restaurants, and other hospitality services, shopping malls.

PHASE II

For the opening of schools, colleges, educational/training/ coaching institutions, the State government will hold consultations at the institution level with parents and other stakeholders. Based on the feedback, a decision on the re-opening of these institutions will be taken in the month of July.

PHASE III

Based on the assessment of the situation, dates for re-starting activities will be decided -- international air travel of passengers, except as permitted by MHA, Metro Rail, cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places, social/political/spoils/ entertainment/academic/cultural/religious functions and other large congregations.

The State government said that it will follow the MHA's national directives for the coronavirus management, including compulsory use of face masks and social distancing norms.

"Face coverings are compulsory in public places, workplaces and during transport. Individuals must maintain a minimum distance of 6 feet in public places. Shops will ensure physical distancing among customers and will not allow more than 5 persons at a time," read the directives issued by the MHA.

In the order, State government has said that night curfew will continue to remain in force on the movement of individuals for all non-essential activities outside containment zones till June 30.

Lockdown limited to Containment Zones

* Lockdown shall continue to remain in force in the Containment Zones till June 30.

* Containment Zones will be demarcated by the district authorities after taking into consideration the guidelines of Department of Health and Family Welfare, Government of Karnataka.

* In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining a supply of essential goods and services.

* In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of the Department of Health and Family Welfare, Government of Karnataka shall be taken into consideration for the above purpose.

* District authorities/BBMP authorities may also identify buffer zones outside the Containment Zones, where new cases are more likely to occur. Within the buffer zones, restrictions, as considered necessary, may be put in place by the District authorities.

Movement of persons, goods

* There shall be no restriction on inter-State and intra-State movement of persons and goods. No separate permission/approval/e-permit will be required for such movements.

* Based on reasons of public health and assessment of the prevalence of Covid-19 in various States separate orders will be issued by the Health and Family Welfare Department regarding the inter-state movement of persons to Karnataka.

* Movement by passenger trains and Shramik special trains; domestic passenger air travel; movement of Indian Nationals stranded outside the country and of specified persons to travel abroad; evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.

The State Government in its guidelines advised persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, to stay at home, except for essential and health purposes.

Guidelines for Aarogya Setu App

* Aarogya Setu enables early identification of potential risk of infection, and thus acts as a shield for individuals and the community.

* With a view to ensuring safety in offices and workplaces, employers on best effort basis should ensure that Aarogya Sew is installed by all employees having compatible mobile phones.

* District authorities and BBMP Authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app. This will facilitate timely provision of medical attention to those individuals who are at risk.

Union Ministry of Home Affairs (MHA) on Saturday said that lockdown will continue in containment zones till June 30 and only essential activities will be allowed in those areas.

"Lockdown shall continue to remain in force in the containment zones till 30 June. In the containment zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining the supply of essential goods and services. In the containment zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required," MHA said in its guidelines for #Unlock1.

It also issued new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1."

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News Network
June 3,2020

Mangaluru, Jun 3: Mangaluru MLA and former minister U T Khader has urged the state government and Dakshina Kannada district administration to take steps to facilitate the return of Indians stranded in foreign countries amid covid lockdown.

A delegation comprising Mr Khader, DCC President K Harish Kumar, and MLC Ivan D’Souza met District In-charge Minister Kota Srinivas Poojary and submitted a memorandum on Tuesday.

“Kannadigas who are working outside the state are in distress due to the lockdown. More than 50,000 people had uploaded applications on Seva Sindhu portal seeking permission to return to their villagers and are waiting for permission. With the authorities failing to take any decision, they are worried,” said the delegation.

The government should initiate measures to get them back and quarantine them, urged the delegation.

Mr Khader said, “Many workers stranded in foreign countries are eager to return home. The district administration should make arrangements to quarantine those returning from foreign countries and other states.

There are thousands of migrant labourers from Gujarat, Uttar Pradesh, Jharkhand and Bihar stranded in DK. They are waiting to return to their families. The state government should facilitate their return journey, the delegation urged.

MLC Ivan D’Souza said, “Assistance should be provided to private bus staff, beedi workers, tailors, garage labourers and street vendors who are in distress. The price of Covid-19 tests in private laboratories should be reduced.”

The delegation informed that after Wenlock Hospital was converted into the designated COVID-19 hospital, poor patients are facing many inconveniences. A portion of the hospital should be earmarked for treating other patients, they said.

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June 19,2020

Udupi, June 19: The coronavirus has claimed second life in the coastal district of Udupi. The victim is a 54-year-old person who had returned from Mumbai.

A resident of Tekkatte in Kundapur taluk of Udupi district, the person was among four travellers that returned together from Maharashtra on June 18. 

Even though all four were asymptomatic they were home quarantined separately as per norms. According to sources, all of a sudden he collapsed at home and died. His throat swabs tested positive for the coronavirus, according to deputy commissioner G Jagadish.

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