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
April 17,2020

Bengaluru, Apr 17: Forty-four new cases of coronavirus have been reported in the State till now, said Karnataka's Health Department on Friday.

"44 new COVID-19 cases reported in the State from 5 pm Thursday to 5 pm on Friday. The total number of positive cases in the State is 359 including 13 deaths and 88 discharges," said the Health Department.

Meanwhile, a meeting was convened to review the situation on the rising cases of coronavirus in the State. According to Karnataka Chief Minister's Office (CMO), the meeting was attended by Chief Minister BS Yediyurappa, Home Minister Basavaraja Bommai, Health Minister B Sriramulu, and Deputy Chief Minister Ashwath Narayan.

The CMO said: "Earlier we used to do 500 tests per day. Now we are doing 2,000 tests. The suggestion was made to take care of the people who are in the ICU to prevent death. It was suggested and planned to work out a protocol for the treatment of COVID-19 patients all over the state."

The meeting also stressed the need for plasma treatment. Experts opined that people having influenza-like symptoms like fever, cold, breathlessness, etc., need to get tested for COVID 19.

The CMO said: "Officers were directed to conduct tests of the people with influenza-like symptoms in the districts where nil cases have been reported. ICMR has issued circular to set up two labs in each district and one lab in each medical college. In this direction, efforts are being made to set up 10 more labs in the State by the end of April."

"It was also decided to be prepared for treating an increased number of patients after relaxing in lockdown. It was also decided to issue guidelines to companies that would start working after relaxing lockdown. It was also decided to appeal to people to download Arogya Setu App. We will meet on April 21 again to decide further course of action," added the CMO.

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May 10,2020

In a shocking incident, a pharmacist-cum-production manager of an Ayurvedic product company in Chennai’s T.Nagar died after drinking a chemical preparation he reportedly formulated for tackling the Coronavirus.

The managing director of the company, who is an ophthamologist by qualification, was hospitalised after he fainted soon after he ingested the chemical component.

The deceased, K.Sivanesan, 47, of Perungudi, was with Chennai-based Sujatha Biotech, an Ayurvedic and herbal products company which was founded 30 years ago. It has a plant in Kashipur, Uttarakhand, where Sivanesan was working. Sivanesan had devised formulas of various products and used to visit his managing director Dr. Rajkumar frequently in the city.

Due to the lockdown, Sivanesan came to Chennai and stayed with his family in Perungudi. On Thursday morning, he procured the chemical component from a market in Parry’s Corner.

First he gave a small amount powder he derived from the chemical to 67 years-old Rajkumar who fainted after tasting it.

Even as he was being resuscitated, Sivanesan went into the kitchen of the house and gulped it in liquid form after adding water to it. He could not be revived.

Deputy Commissioner of Police, T.Nagar, Ashok Kumar, said, “Our investigation revealed that Sivanesan died after drinking the preparation he claimed would help COVID-19 patients. His managing director fainted after tasting it initially. Further investigation is on.”

Sivanesan was rushed to a private hospital in T.Nagar and declared dead by the doctors there. Later his body was shifted to Government Royapettah Hospital for post-mortem. Teynampet police registered a case under section 174 of Criminal Procedure Code for unnatural death.

N.S.Vasan, designer-cum-media manager of the company said, “Due to the lockdown, Sivanesan stayed in the city and one day told us he heard of some medicine from U.S. President Donald Trump’s recent speech for curing Coronavirus. He said it would bring more immunity and help to prevent COVID-19. Deciding to test the effect of the medicine, he went to Parry’s Corner and bought the powder.” He added that Sivanesan must have taken a heavy dosage of the ‘drug’ and he was killed instantly.

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News Network
February 5,2020

Bengaluru, Feb 5: Despite installing a BJP government in Karnataka through disguised operation Kamala, the Prime Minister Narendra Modi-led union government has continued its step motherly attitude towards this south Indian state.

Under the new formula adopted to share central taxes among states Karnataka will be the worst-affected. Though the 15th Finance Commission has recommended a special grant of Rs 5,495 crore for the state for 2020-21, the Centre appears reluctant to pay up and instead has asked for the proposal to be reviewed.

During the Union budget, the report of the 14th Finance Commission headed by NK Singh for 2020-21 was tabled in Lok Sabha. It shows besides Karnataka, Telangana, Mizoram and Kerala saw their central tax share decrease, while Uttar Pradesh, Bihar and Maharashtra were top gainers.

Karnataka's share has decreased from 4.7% provided by the previous finance commission, to 3.6%. Acknowledging there is a steep decline in Karnataka's share from 2019-20, the finance commission has recommended a special grant of Rs 5,495 crore for the state.

Its share in 2019-20 was Rs 36,675 crore, but under the new formula, Karnataka will get only Rs 31,180 crore in 2020-21 from the divisible pool of Rs 8.5 lakh crore - a decline of 22.5%.

Also, the decrease for Karnataka comes on the back of a shortfall in 2019-20. While the state was entitled to Rs 39,806 crore from the divisible pool, it got only Rs 36,675 crore as the Centre suffered a tax revenue shortfall of Rs 1.5 lakh crore.

What is more disheartening though is the Centre's refusal to pay the special grant. Instead, the Union finance ministry has asked the finance commission to reconsider the recommendation. This has prompted the state to take up the issue with the Centre.

"The decline in central taxes devolution comes at a time when the state is going through a tough financial situation. Steps are being taken to ensure Karnataka gets justice," said chief secretary TM Vijay Bhaskar.

Officials said besides corrective measures for 2020-21, the focus will be on ensuring a fair share in subsequent years. However, Karnataka has little chance of getting its dues as the Centre is known to be prudent when distributing tax proceeds among states.

"The Centre has certain views on devolution. We have done our duty by submitting the interim report. It's up to the states to convince the Centre," said Ravi Kota, joint secretary of 15th Finance Commission.

Under the new formula, the commission changed the weightage for some of the six criteria it considers - population, area, forest cover, income distance, demographic performance and tax effort.

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