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.

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News Network
January 5,2020

Madikeri, Jan 5: Frequent attacks by Tigers on their cattle in South Kodagu region has left the dairy farmers a worried lot and causing concern for their life.

Several farmers have been rearing cows to supplement their income when low prices of pepper and coffee affect their earnings. At least 13 cows have fallen prey to Tigers in the months of November and December last year.

The Forest Department provides a compensation of Rs 10,000 if a cattle is killed by a tiger or in the attack. The compensation amount is meagre when it comes to the loss incurred by the farmers.

Though the Forest Department has submitted a proposal to increase the compensation amount to the government, no action has been initiated in this regard.

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News Network
May 18,2020

Bengaluru, May 18: Karnataka education minister S Suresh Kumar on Monday announced the SSLC examination dates. Earlier, Karnataka SSLC examinations were to be held between March 27 and April 9, 2020, but had to be postponed due to the outbreak of Covid-19 pandemic and the subsequent lockdown.

The minister announced that Karnataka Secondary Education Examination Board (KSEEB) will conduct SSLC examination between June 25 to July 4 and the PUC exam for English paper will be held on June, 18, 2020.

"Examinations for Secondary School Leaving Certificate (SSLC) will be conducted between June 25 and July 4 in Karnataka. Exams for English paper of Pre-University Course (PUC) will he held on June 18: Karnataka Education Minister S Suresh Kumar," ANI tweeted.

The minister for primary and secondary education had held a meeting with the department officials to discuss the feasibility of conducting the exam.

Modalities of conducting the examination in the current situation of the COVID 19 pandemic while taking care of interests of students is of paramount importance, S Suresh Kumar said adding these issues have been kept in mind while finalising the schedule.

With inter-state and inter-district mobility a major issue with public transport not available and also due to 14-day institutional quarantine norms, the minister had told TOI that an idea has been introduced to allow students appear for the examination in the district where they presently are than at their designated examination centre.

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coastaldigest.com news network
July 10,2020

Mangaluru, July 10: Five people including four policemen suffered injuries following a clash at Melkar in Bantwal taluk of Dakshina Kannada district last night.

Abdul Salam, 29, a resident of Goltamajalu near Kalladka, was arrested on charge of attacking policemen. He was also attacked by the cops on the spot. Currently he is undergoing treatment at a hospital.

According to sources, Abdul Salam and another person were quarrelling with lorry drivers on the highway. A couple of policemen including ASI Shailesh, who were on patrol, intervened.

This led to a clash between cops and Abdul Salam, who reportedly snatched the baton from a cop and hit the men in khaki, eye witnesses said.

However, police sources claimed that Abdul Salam was holding an iron road and he thrashed policemen with the rod.

Meanwhile, more policemen reached the spot and thrashed the accused before arresting him.

Police sources said ASI Shailesh, HC Devappa and PCs Niranjan and Malik were injured in the incident. The policemen were treated the government hospital in Bantwal.

Abdul Salam, who suffered critical injuries, was taken to a private hospital in Mangaluru after preliminary treatment.

A case was registered against him in the Bantwal Town Police Station under section 353, 504, 506, 332, 307, 427 IPC, and 2 A Karnataka Prevention of Destruction of Public Property Act.

Comments

Angry Indian
 - 
Sunday, 12 Jul 2020

All police are not truthful people and they dont have rights to hit any civilian, they are not protecting any citizen they only serve politicians

 

Wellwisher
 - 
Friday, 10 Jul 2020

A man made polarized untruth story by ?

Trust and always believe with creators justice based on facts. Hope real culprit will punished by the creator very soon.

Long live mankind

 

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