Air crash payout judgment a big boost to our fight'

[email protected] (CD Network)
July 21, 2011

Mangalore, July 21: The Kerala High Court judgment ruling that the families of the victims of the Air India Express crash in Mangalore Mangalore last year are entitled to a minimum individual compensation of Rs 75 lakh has evoked a sense of relief among the the relatives of those who died in one of the worst air disasters in India's aviation history.


Welcoming the decision, Mohammed Beary, president, Mangalore Air Crash Victims' Families Association, said, the counsel of Air India and senior advocate H.D. Nanavati had been staunchly opposing our claim for awarding compensation as per the provisions of the Montreal convention.


“Nanavati had also ridiculed the then aviation minister Praful Patel by saying that he did not have legal knowledge. The Kerala High Court judgment will be a boost for our fight against the discriminatory payout policy pursued by the Air India and their agencies,” Mr Beary said.


However, Mr. Beary was quick to add that“A person's life can't be equated with money.”


“We have also approached the Swedish lawyers seeking compensation on par with international standards. We have given all our document s to the reputed legal firm. One should also bear in mind that the when we filed a writ petition in the High Court through, it was yet not confirmed that the tragedy was a result of pilot error,” he noted.


When asked about the possibility of Air India filing an appeal in the High Court, Mr Beary, said we are prepared to fight against such an appeal also.


“Our lawyers —Urban Olson and Stephen Erikson - both from Stockholm in Sweden, will hold negotiations with a London insurance company with regard to the compensation of 60 crash victim families. The meeting will take place on July 28. This will be followed by two more rounds of negotiations. We are hopeful of securing justice,” Mr. Beary said.


Meanwhile, Mangalore Air Crash Victims' Families Association (formed to help the victims' kin) Legal Advisor Varadaraj K termed the verdict as landmark and said the decision would not only help the family members of May 22, 2010, crash victims, but would also serve as a future reference.

Recalling the “callous attitude” of the advocates of Mulla & Mulla (the legal counsels for Air India), who offered only Rs 35 lakh compensation to the kin of Mohammed Rafi of Kasargod, a victim of the air crash, Varadaraj said the Air India counsels had in fact forced Rafi's father Abdul Salam to approach the High Court that ruled in favour of Rafi, thereby helping all the victims.

Counsels for Air India had fixed Rs 30 lakh for women, Rs 25 lakh for children and Rs 35 lakh for men killed in the crash.

Prof John D'Silva, Principal, St Aloysius PU College, who also refused to accept the meagre compensation offered by Air India for his 29-year-old relative Ullas Joseph D'Silva's death, said: “They (Air India counsels) can't bargain or fix a price for a human being based on his present salary, when there is every chance of him getting a promotion in his career.” Ullas was employed as an accountant in a five-star hotel in West Asia.

Air India reaction

Meanwhile Air India has clarified that the airlines was not connected with the issue of compensation and the issue was being handled by the insurance companies.


When contacted, Chellam Prasad, Air India (Mangalore)?Station Manager, said the national carrier was awaiting a copy of the Kerala court judgment. He said the authorities would decide the future course of action after obtaining the verdict copy.

Victim's father slams AI

“I had no other option but to approach the court when the advocates (appointed by Air India) cared a pin for our pleas and fixed a price for my son's life,” Abdul Salam said.

“Your son was earning Rs 25,000 in Sharjah. So, we will give Rs 25 lakh as compensation,” Salam cited Mulla &?Mulla chief H?D?Nanavathi as telling him when he approached the Air India counsels for more compensation.

“I told them I would give the legal counsels Rs 50 lakh if they gave me back my son,” Salam said.

So far, the Air India has settled only 55 cases (52 dead and 3 survivors) while 68 persons (47 in Mangalore and 21 in Dubai) have approached the foreign law firm.

mangalore-air-crash-victims

Petitioner Abdul Salam (extreme right), his son Abdul Nasir with a photo of Mohammad Rafi, who was killed in Mangalore air crash

ARV

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News Network
May 29,2020

Thiruvananthapuram, May 29: Chief Minister Pinarayi Vijayan said that fishing in Kerala coast and southeast Arabian Sea has been completely banned from Thursday midnight as the state is expected to receive rainfall early next month.

"India Meteorological Department (IMD) has informed that southwest monsoon will arrive in Kerala coast by the first week of June. The state will receive rainfall in the next five days. Fishing in Kerala coast and the southeast Arabian sea to be completely banned from midnight," Vijayan said.

On Thursday, the IMD announced that conditions are favourable in Kerala for the onset of the southwest monsoon on June 1.

"A low-pressure area is likely to form over the southeast and adjoining east-central Arabian Sea from May 31 to June 4, 2020. In view of this, conditions are very likely to become favourable from June 1, 2020 for the onset of southwest monsoon over Kerala," the IMD said in its bulletin.

It also stated that the southwest monsoon has further advanced into some parts of Maldives-Comorin area, some more parts of south Bay of Bengal, remaining parts of Andaman Sea and Andaman and the Nicobar Islands. 

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News Network
January 16,2020

Bengaluru, Jan 16: Former chief minister Siddaramaiah and other leaders are likely to make the final decision on the name of the next Congress president of Karnataka soon, said party leader Dinesh Gundu Rao on Thursday.

"He (Siddaramaiah) has met all the leaders and I think soon they will make a decision. It has already been delayed, it should not have been delayed so much. I am sure high command will take a decision on this," Rao told reporters here.

Both Siddaramaiah and Gundu Rao had resigned from their posts, Leader of Congress Legislature Party and KPCC president, after the party's drubbing in the bye-elections held for 15 Assembly seats last year.

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News Network
March 29,2020

Karnataka on Saturday reported 12 new cases, the highest in a single day so far, taking the tally in the state to 76.

Late at night, the Mysuru district commissioner said five more people had tested positive in the district. But it was yet to be confirmed by the state health department.

Of the cases, 41 are from Bengaluru, eight from Chikkaballapur, while Uttara Kannada and Dakshina Kannada districts have seven each.

Interestingly, the highest number of patients are those from Dubai or those who had transit travel via Dubai. Out of 76 cases, 17 cases (22%) have travel history to Dubai, the capital of Emirate of Dubai and the most populous city in the United Arab Emirates (UAE).

Medical Education Minister Dr K Sudhakar, who is also in-charge of COVID-19 operations, said that Dubai has been a major concern as far as Karnataka COVID-19 patients are concerned. “Most of the positive cases have come through Dubai suggesting something amiss there,” he said. 

Echoing the same, Dr Prakash Kumar, Joint Director, Communicable Diseases, Department of Health and Family Welfare, said, “The layover in Dubai is around six to seven hours. We are seeing Dubai to be the new epicentre of the virus as far as India is concerned.”

UAE was initially not on the list of countries from where passengers were screened. It was added much later when clusters of patients with travel history to Dubai began popping up all over the country.

Patient-19 has infected the maximum so far.

Out of the 12 cases that tested positive on Saturday, five are contacts of Patient 19. All of them are being treated at a Chikkaballapur hospital. Two of them are from Hindupur, Andhra Pradesh, and three are residents of Gauribidanur taluk in Chikkabalapur district.

P19, a 31-year-old man from Chikkaballapur, had travelled to Mecca, Saudi Arabia, and returned to India on March 14. Existing patient clusters suggest that P19 had infected the maximum number of people. Officials did not reveal how many people he originally travelled with to Mecca.

Amid the rise in cases, Jawaid Akhtar, Additional Chief Secretary (Health), maintained that the state had not reached stage 3. But he had no definitive answer as to how the Mysuru patient contracted the virus despite health officials he was in touch with not testing positive.

Health Commissioner Pankaj Kumar Pandey said around 1,000 primary contacts of all positive cases have been classified as high-risk and low-risk. The high-risk patients are in government hospitals while the low-risk ones in quarantine facilities.

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