Kerala HC order on Rs. 75 lakh payout for Mangalore crash victims challenged

August 12, 2011

aircrash

Mangalore, August 12: Air India on Friday filed appeal against Kerala High Court order that has directed the airlines to pay compensation of Rs 75 lakh each to the victims of last year's (2010) Mangalore crash.

The issue has been the bone of contention between Air India legal counsel and the Mangalore Air Crash Victims' Families Association, set up to fight the cause of victims of IX812 crash.

The Air India has insisted in its appeal that it was liable to pay only "proven damages".

In a landmark order last month the Kerala High Court held that the families of victims of the Air India Express crash in Mangalore were entitled to a minimum compensation of Rs 75 lakh each.

Justice P.R. Ramachandran Menon passed the order while allowing a petition filed by Abdul Salam and Ramla, parents of 24-year-old B Mohammed Rafi, who was killed in the crash.

158 passengers and crew on board the Air India aircraft from Dubai had perished in the worst air disaster in the last decade, when the plane caught fire after one of its wings hit a hillock at Kenjar in Mangalore.

The brothers and sisters of the deceased are also party to the petition. Union government and National Aviation company (erstwhile Air India) are the respondents in the case.

There were 166 persons on board the flight IX-892, piloted by a Serbian national. Operating the Boeing 737-800, the pilot had first tried to land and later attempted to gain altitude.

The court held that the carrier was liable to pay no fault liability of one lakh SDR (Special Drawing Rights equal to Rs 75 lakh) to the petitioner. The SDR is a special currency issued by IMF. This is apart from whatever other compensation the petitioners are entitled to.

The petitioners prayed for a direction to settle the entire statutory claims made under the provision of the Air Act 1972 from the respondents on the death of Rafi. They had sought Rs 1.5 crore as compensation.

Noting that India was a signatory to the Montreal Convention, the court said, "It is clear that the intention of lawmakers was to bring about a parity in the matter of payment of compensation to the passengers, irrespective of class of travel, while providing for a 'two tier system' of compensation as adopted in Montreal convention."

The "first limb" of compensation as stipulated under Rule 21(1) of the Third schedule was with the said intent to provide the same as the "minimum compensation" payable in respect of death or the bodily injuries subject to the satisfaction of extent of damage, the court said.

"Since the extent of damage to any injury cannot be anything more than death", no further proof is necessary to have sanctioned the minimum compensation of "Rs one lakh SDR" in the case of death and this is the mandate of the Statute, it held.

The court said it was of the "firm belief" that Mohammed Rafi, who lost his life like the several others, was not liable to be discriminated by the respondents, restricting the compensation with reference to his age, income or the dependency of the members of the family.

The petitioners were entitled to have a "minimum of one lakh SDR" as compensation payable under the Statute based on the Montreal Convention treating the matter as "no fault liability" which can in no case be "absolved or limited by the carrier under any circumstances", it said.

About Rs 20 lakh has already been paid to the petitioners and the rest should be paid in a month's time, it added.

The petitioners said the deceased, working in UAE was returning home to Kumbala in Kasaragod in the ill-fated flight.

They said that the National Aviation Company Ltd, put forth an "unconscionable" demand, allegedly at the instance of their insurers, to come to a settlement for a total sum of Rs 35 lakh in full and final settlement.

Against this, the petitioners approached the high court seeking a declaration and enforcement of their rights, referring to the mandate of the Montreal Convention.

The air crash was solely on account of lapse on the part of the pilot and in turn the sheer negligence of the National Aviation Company, they said.

The company filed a counter stating that the matter has to be dealt with as per the provision of the Carriage by Air Act 1972, as amended by Montreal Convention of 1999 to the exclusion of all other laws in force in India.

Referring to the fact that the deceased was aged 24 and was "employed as salesman in a supermarket, earning a salary of 2000 AED (RS 25,000 per month)", the maximum compensation was contended as much below Rs 35 lakh and accordingly the amount was offered as compensation payable in "full and final settlement", which was unacceptable to the petitioners.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 9,2020

Bengaluru, Mar 9: The first case of Nov Corona patient was found in Karnataka with a 40 year-old Software Engineer, who returned from US, developing fever today at Rajiv Gandhi Hospital in the City. This is the first case reported in the State.

Disclosing this to newsmen, Karnataka Minister for Medical Education Dr K Sudhakar said that the techie, his wife and their one child arrived from US on Feb 28 and were under observation.

He said that there were no indication or any symptoms immediately after their arrival and also for the first four days, but on March 5 the Techie developed fever and today (Monday) it was confirmed that he is suffering from the killer disease.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 21,2020

Bengaluru, Apr 21: Karnataka cabinet on Monday decided to continue the COVID-19 lockdown measures currently in force in the state till May 3 without any relaxation, Law and Parliamentary Affairs minister J C Madhuswamy said.

However, leaving a window open, it authorised chief minister B S Yediyurappa and the COVID-19 Task Force to meet in three or four days to review and take further decision about any relaxation, he told reporters.

"Today cabinet has decided it (the norms) will be extended up to May 3... there will be no relaxation and the situation that that exists as of today will continue," he said.

Pending the cabinet decision, chief secretary T M Vijay Bhaskar had on Sunday issued fresh orders directing the continuation of the stringent lockdown measures issued by the Ministry of Home Affairs till the midnight of April 21.

Meanwhile, five new coronavirus cases have been confirmed in Karnataka, taking the total number of infections in the state to 395, the Health department said on Monday.

"Five new positive cases have been reported from last evening to this noon... Till date 395 COVID-19 positive cases have been confirmed. This includes 16 deaths and 111 discharges," the department said in its mid-day situation update.

All the five fresh cases are from Kalaburagi and contacts of patients who have already tested positive.

Four of them are men of age 17, 13, 50 and 19, and one woman aged 30.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 25,2020

Feb 25: Two Customs Preventive officers allegedly involved in gold smuggling cases in Kerala were removed from service, a top official said in Kochi on Monday.

Sumit Kumar, Commissioner of Customs (Preventive), Kochi, said that he took action against Radhakrishnan B, Superintendent of Customs, and Rahul, Inspector of Customs, who were allegedly involved in gold smuggling cases in the state.

Radhakrishnan was involved in attempted smuggling of gold weighing 24998.61 grams having a market value of over Rs 8 crore through Thiruvananthapuram international airport on May 13, 2019, Kumar said.

Rahul was involved in attempted smuggling of gold weighing 11,035.54 grams valued at over Rs 4 crore through international airport on August 19, 2019, the Customs Commissioner added.

Radhakrishnan is currently lodged in Central prison, Thiruvananthapuram after the Central Economic Intelligence Bureau under the Union Finance Ministry issued detention order under COFEPOSA (Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974).

Rahul, against whom detention order under COFEPOSA was issued, is absconding.

"Two Customs officers of the Customs Preventive Commissionerate, Kochi, who were involved in gold smuggling cases were removed from service by Sumit Kumar, Commissioner of Customs (Preventive), Cochin," an official release said.

Kumar said that both the cases were booked and investigated by the Directorate of Revenue Intelligence and while show cause notice under Customs Act 1962 has been issued against Radhakrishnan, investigation is under progress in the other case.

"Both the officers were removed from service, after due process of law under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965," the release said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.