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 16,2020

Bengaluru, Jan 16: Senior Congress leader K J George on Thursday appeared before the Enforcement Directorate officials here in connection with a FEMA case.

The former minister is being investigated by the ED for probable violation of provisions of the Foreign Exchange Management Act.

The ED had recently issued summons to George.

Speaking to reporters after appearing before the ED, George said he has answered to the officials' queries and will cooperate further also.

"ED had issued me summons, as a law abiding citizen, I have answered and gave documents to whatever they asked.

Further also if they call me...I will cooperate and provide necessary documents," he said, without divulging any details.

George clarified that no summons has been issued by the ED to members of his family.

"If required they (ED officials) will call me again, and I'm ready to cooperate," the congress leader added.

Last year, the president of the Karnataka Rashtra Samithi Ravi Krishna Reddy had complained to the ED seeking a probe into the alleged money laundering and properties held by George and his family members in the United States.

Responding to a question about a defamation case filed by him against those who have levelled the allegations, George said "Just because ED has called me for questioning, I'm not proved guilty."

"Anyone can complain to agencies like the Income Tax or ED or Lokayukta, but my only objection is with going to the press to project someone as guilty," he said.

"...going to the press with an intention to do a propaganda against me..someone who is in public life-- to project me as guilty is wrong, so I have filed defamation case stating the allegations are false," he added.

George is the third senior Congress leader from Karnataka to face an ED probe after D K Shivakumar and B Z Zameer Ahmed Khan.

Shivakumar was arrested by the agency in a money laundering case and was kept in Tihar Jail, until he got bail in October, while Khan was summoned in connection with the multi-crore IMA group Ponzi scam case.

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News Network
February 28,2020

Mangaluru, Feb 28: Sleuths of Bajpe police station have busted a counterfeit currency racket and arrested two persons on charge of printing and circulating fake currency notes of Rs 500 and Rs 200.

The arrested have been identified as Dheerendra (45), a resident of Kanjilakody House in Bantwal taluk, and Sudheer Poojary (44), a resident of Adyar Volabail. Both of them said to be activists of Hindutva groups and had campaigned for BJP during last Lok Sabha polls.

Apart from counterfeit currencies, the cops have recovered a colour printer, two mobile phones and a motor bike from the accused.

According police, on February 23 the miscreants went to a petty shop owned by one Abdul Salam near Suralpady and purchased a Gillette blade costing Rs 20. They handed over Rs 200 currency note to Abdul Salam and took Rs 180 back from him.

However, the shop keeper grew suspicious about the genuineness of Rs 200 note. When he went in search of the duo, he came to know that they had purchased mustard seeds from a nearby provision store belonging to one Muhammad Arif. There too, they had handover Rs 200 fake note and got change.

The duo then took fake notes back from Abdul Salam and Muhammad Arif and escaped. The next day, Abdul Salam filed a complaint with Bajpe police station.

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News Network
January 26,2020

Kozhikode, Jan 26: The Indian national flag was unfurled at around 10,000 mosques and religious institutions across Kerala on the auspicious occasion of 71st Republic Day on Sunday.

"The national flag was unfurled at around 10,000 mosques across the state on this auspicious occasion as per the instruction of the Waqf Board," Secretary of the Kuttiady Juma Masjid Committee, K Basheer, told media here.

He said that the national flag was also unfurled at the Kuttiady Juma Masjid here as per the instructions.

"Constitution is under threat by the Citizenship Amendment Act, we also read the preamble of the Constitution in solidarity," Basheer said.

Meanwhile, a majestic event was held in the national capital on the occasion of Republic Day.

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kUMAR
 - 
Sunday, 26 Jan 2020

Welcome news.  But i dont think any of sanghi shakhas have hoisted our national flag on this occasion.  I didnt see a single picture in any media or newspaper.   

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