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
February 23,2020

Bengaluru, Feb 23: Bolstered by the Supreme Court's interim nod for the gazette notification of the Mahadayi Water Dispute Tribunal award by the Central government, Karnataka decided to allot funds for the drinking water project in the state's northwest region, an official said on Saturday.

"Funds will be allotted in the state budget for fiscal 2020-21 to complete the Kalasa-Banduri project across the Mahadayi river for supplying drinking water to the four drought-prone northern districts in the state," the official of the water resources department told media on anonymity.

As Chief Minister B.S. Yediyurappa also holds the finance portfolio, he has agreed to allocate funds for the project, held up for years in the legal battle with the neighbouring Goa and Maharashtra over the sharing of the river water among the three coastal states.

Yediyurappa is slated to present the state budget for the ensuing fiscal in the legislative assembly on March 2.

"We will resume the project work once the Centre notifies the award though it will be binding on the final outcome of the apex court's hearing the review petitions of Goa and Maharashtra against the Tribunal award," the official noted.

A division bench of Justice D.Y. Chandrachud and Justice Hemant Gupta on Thursday passed an interim order on the Tribunal award, allowing the central water resources ministry to notify it for implementation and posted the case for final hearing in July.

The Tribunal on August 14, 2018 allocated 13.42 thousand million cubic feet (tmcft) of the river water to the southern state for irrigation and drinking water supply to towns and villages across Bagalkot, Belagavi, Dharwad and Gadag districts, which are in the arid region of the Deccan plateau.

The four districts are about 400-550 km northwest of Bengaluru in the southern state.

Of the 13.42 tmcft water, 5.5 tmcft will be used in the river basin and for diversion into the depleted Malaprabha reservoir while the balance 7.92 tmcft will be utilized for hydel power generation instead of allowing the water to go into the Arabian Sea on the state's west coast through Goa.

Goa, which opposed Karnataka's demand for 36.66 tmcft, was allocated 24 tmcft, while Maharashtra got 1.3 tmcft.

The Tribunal assessed that 188.06 tmc feet water is available at 75 per cent dependability.

The three-member Tribunal is headed by Chairman Justice J.M. Panchal, Justice Viney Mittal and Justice P.S. Naayana.

The Union government had set up the inter-state Tribunal on November 16, 2010 for the djudication of the Mahadayi basin water allocation among the three riparian and contiguous states.

Goa and Maharashtra claimed 122.6 tmc feet and 6.35 tmc feet of the river water respectively.

The Tribunal, which commenced sittings on September 6, 2012, held 1,209 sittings for over 6 years.

Supreme Court senior counsel F.S. Nariman represented the state before the Tribunal to present its case.

The Tribunal's chairman and two members inspected the river basin area across the three coastal states from December 12-24, 2013.

The 77km-long Mahadayi or Mandovi river originates at Bhimgad in the Western Ghats in Belagavi district and flows into the neighbouring Goa through Maharashtra and joins the Arabian Sea off the west coast.

Though the river flows 29 km in Karnataka and 52 km in Goa, its catchment area is spread over 2,032 km in the southern state as against 1,580 km in the western state (Goa).

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News Network
May 30,2020

Bengaluru, May 30: People travelling to Bengaluru by flight or train must pay to get their Covid-19 tests done at designated private labs.

This is being done to improve the participation of private labs that have been approved by the Indian Council of Medical Research to do testing. Many of these labs are running at sub-optimal levels.

The new rule will also help the special categories of passengers and their attendants to leave early for home quarantine after giving the sample once the swab collection centres are established at airports and railway stations. The nodal officers at these places will coordinate in establishing the swab collection centres.

Each test will cost Rs 650 per sample. XCyton Diagnostics will cater to air passengers. Rail passengers will be tested at Neuberg Anand Reference Laboratory, Cancyte Technologies Pvt Ltd, Aster Labs, Narayana Hrudayalaya, Vydehi Hospital and Syngene International Ltd.

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News Network
March 18,2020

Bengaluru, Mar 18: Karnataka Congress President DK Shivakumar on Wednesday met the Director-General of Police in Bengaluru and demanded police protection for Madhya Pradesh Congress MLAs and the removal of BJP workers from the hotel in Bengaluru, where the legislators are currently lodged.

"The (Madhya Pradesh) legislators have come here and have requested police protection, that is all. Let the police give them protection, our candidate (Digvijaya Singh) has come, let him meet the legislators. Why are BJP workers protecting them? We know that they are under threat and hence we need to vacate them (BJP workers)," Shivakumar told reporters here after the meeting.

"We will give protection to our men and that is why we are telling them they cannot stop us. They should be in a free and fair position. I have communicated to DGP that BJP needs to vacate," he added.

Earlier today, Congress' Rajya Sabha candidate from Madhya Pradesh and former chief minister Digvijaya Singh was placed under preventive arrest after he sat on a dharna near Ramada Hotel here, allegedly for not being allowed by police to meet the 21 Congress rebel MLAs lodged in a hotel.

"I am a Rajya Sabha candidate from Madhya Pradesh, voting is scheduled for March 26. My MLAs have been kept here, they want to speak to me, their phones have been snatched, the police is not letting me speak to them saying there is a security threat to MLAs," Singh told reporters.

Singh who sat on the dharna with a face mask on said: "We were expecting them to come back, but when we saw they're being held back, messages came from their families...I personally spoke to five MLAs, they said they're captive, phones snatched away, there is Police in front of every room. They're being followed 24/7," Singh said.

The development comes amid the political crisis in Madhya Pradesh after the exit of Jyotiraditya Scindia from the Congress party.

Scindia's departure was followed by 22 Congress MLAs resigning from the party as well as from the state legislative Assembly.

The resignation of these MLAs has left the Kamal Nath government below the majority mark.

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