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 13,2020

Bengaluru, Mar 13: Upset over her husband’s insistence that expenses for her heart ailment be borne by her parents, a 26-year-old homemaker hanged herself at her residence in Manjunatha Nagar, near RT Nagar, on Tuesday midnight.

RT Nagar police said Lakshmi Sharma was also being harassed by her husband Dharmananda Sharma to divorce him. Dharmananda, his father Krishnakumar and mother Sharavati were arrested on Wednesday and remanded in judicial custody.

An investigating officer said Lakshmi had left a suicide note explaining the torture she underwent.

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coastaldigest.com news network
June 21,2020

Mangaluru, Jun 21: The first flight chartered by Karnataka Sports and Cultural Club (KSCC) to repatriate stranded UAE Kannadigas today reached Mangaluru from Sharjah.

The Air Arabia flight with 173 passengers took off from Sharjah international airport around 6:00 am (UAE Time) and landed at Mangaluru International Airport at around 11.00 am (IST) on Sunday. 

The flight had 29 pregnant women, 16 children, 5 infants, senior citizens, people with medical emergencies and those who have lost jobs among others.
 
KSCC Manager Mr Shafi said that all the legal procedures were carried out smoothly. Charter flight was arranged only for the stranded Kannadigas.
 
KSCC had set up help desk to finalize list of passengers, given discounted ticket fare for needy passengers who cannot afford the full repatriation cost. Free PPE kits were distributed to all passengers along with snacks.

Meanwhile rapid tests for Covid-19 was conducted before departure and mandatory quarantine for all the passengers was arranged accordingly in 3 hotels in Mangaluru for a period of seven days.
 
KSCC office bearers Shafi, Althaf, Javed, Naseer and volunteers were present at airport during the flight departure. KSCC has expressed gratitude to Consulate General, DC of DK District, Umar U H and Ataullah Jokkate for their support.

Comments

Aslam khan
 - 
Tuesday, 23 Jun 2020

I am a viator my visa is expired 3april iam also apply embassy but not any response lhave no money iam not suffer in Dubai  so please help me I want to go india

Mudassir Rahman
 - 
Tuesday, 23 Jun 2020

This my number+971524850855

Mudassir Rahman
 - 
Tuesday, 23 Jun 2020

Please help to get me flight Mangalore I have visit visa with no money an food please help to go back my home 

Naseem Ahamed
 - 
Tuesday, 23 Jun 2020

I'm naseem from Mysore, please help to get me flight to Mangalore. My wife in critical condition. I need to go back home. My number 0559247813

Jiyaram yadav
 - 
Tuesday, 23 Jun 2020

Family emergency 

Yashwant Babur…
 - 
Monday, 22 Jun 2020

Hello sir/Madam Please help me to go home plz I want to go home soon

 

 

 

Janardhan poojari
 - 
Monday, 22 Jun 2020

Please help to get me flight to MANGALORE my native is udupi, I am on visit visa with no work and no money to get daily expenses my contact no 0563409100

How can I know…
 - 
Monday, 22 Jun 2020

I am Sadiq from shimoga, I also lost job here and I am struggling here to go back please help me to go back to India

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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