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
February 27,2020

Bengaluru, Feb 27: A notorious history-sheeter named Slum Bharath was killed in an encounter with the police here in the wee hours of Thursday.

According to police, Bharath's associates attacked the police vehicle carrying him at around 2 am and fired two rounds at officers and police officials.

Bharath managed to flee with his associates in a car. 

He was later nabbed after the special team was informed at around 5 am that the accused's car was moving towards Hesaragatta near Soladevanahalli.

Bharath succumbed after he was shot by senior police officer Venkataramanappa who responded to his open firing. He was the prime accused in the murder of history-sheeter Srinivas alias Kulla Seena in 2006.

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News Network
March 28,2020

Bengaluru, Mar 28: Karnataka Director General of Police Praveen Sood on Saturday asked philanthropists who want to support the poor during the lockdown to leave food at the nearby police station, who will ensure that it reaches the needy.

The DGP has asked the Bengaluru City police Commissioner to take steps in this regard and ensure fair distribution.

"All philanthropists, in case you want to support poor. Leave cooked, packed, simple food at the police station and it will reach poor. @CPBlr pl announce a nodal officer for deciding the police station for fair distribution," Sood wrote on his official twitter handle.

Responding to the DGP's tweet, city police Commissioner Bhaskar Rao appointed Joint Commissioner (Crime) as a nodal officer.

"Sandeep Patil, IPS, Joint Commissioner, CRIME at 9480801011 is the officer nominated from Bangalore City Police to receive and acknowledge donation of food and consumables for distribution to police and those in need," Rao tweeted.

Meanwhile, the city police has also initiated measures to take those in critical medical emergency to the nearest medical facility.

"We @BlrCityPolice are at your service 24/7 to take you to nearest medical facility in critical medical emergency, dialysis, chemo, emergent heart issues etc PLEASE CALL 100 Misuse may affect someones life! Be responsible #CoronaLockdown is National Duty #Covid19India," Additional Commissioner of Police (Administration), Bengaluru, Hemant Nimbalkar tweeted.

Bengaluru police's initiative of distributing food, snacks, water and certain essential requirements to those in need has received wide appreciation.

While some police stations are already providing food to poor and those in need by collecting it from sponsors, couple of them have even hired a cook for the needy.

The lockdown has affected the poor who depend on their daily wages for livelihood.

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News Network
March 21,2020

Bengaluru, Mar 21: The news and public relations department, the Indian Red Cross Society and the Karnataka State Labour Studies Institute have invited volunteers for the programme to provide real-time information to people to avoid spreading rumours and misinformation about coronavirus.

This is an opportunity to join hands with the Karnataka government and fight coronavirus. These volunteers will be known as the "Corona Warriors", who will be entrusted with the job of monitoring social media sites to check rumours that are being spread across all taluks in the state. They will also take steps to provide proper information.

Applications are already being shared online and registered volunteers will be provided with appropriate training, security kits and identification cards at all district offices of the Department of Information and Public Relations.

At least four volunteers will work in four shifts per day in each taluk of the state. There are about 120 volunteers in Bengaluru city and about 3,000 Corona Warriors are expected to register from across the state. Over 400 volunteers have registered via online application on the first day.

Fifteen people have tested positive for COVID-19 in the state, said Karnataka Health Minister B Sriramulu on Friday.

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