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

ARV2

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 5,2020

Mangaluru, Mar 5: As many as 29 police officers and personnel were examined by Udupi Deputy Commissioner G Jagadeesha, head of the magisterial enquiry into the police firing in the city in December 2019 which killed two anti- Citizenship (Amendment) Act (CAA) protesters.

A total of 176 police personnel have been directed to present their evidence before the magistrate for the enquiry.

ACPs K U Belliappa and Kodandarama presented his evidence on Wednesday, while ACP (central sub division) M Jagdish and ACP (traffic) M Manjunatha Shetty submitted their evidencein writing.

The next hearing is slated to be held on March 9 when statements of 41 officers including DCP (law and order) Arunangshu Giri will be recorded.

City police commissioner P S Harsha has been asked to submit his evidence on March 12, Jagadeesha said.

The enquiry report is to be submitted to the government on March 23.

Jagadeesha said he will seek an extension in the case of any delay in the recording of evidences.

Two people - Nausheen and Jaleel - were killed in the firing on December 19, 2019 during the protests here against the CAA.

The Karnataka government had decided to hold a CID probe and a magisterial enquiry into the incident.

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 10,2020
Mangaluru, Apr 10: Eight people were arrested on Friday on charges of illegally arriving at Addur near the city through boat violating the lockdown.
 
Police said that Yakub and other seven in his group have been charged with criminal cases for entering the city illegally as the border between Kerala and Karnataka has been sealed and a ban on travel between the States is in effect.
 
The group had arrived through boat despite there was ban. Police are now investigating the existence of a gang who are illegally transporting people through the sea across State borders.

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.
Agencies
July 3,2020

New Delhi, Jul 3: The aviation regulator DGCA said on Friday it was extending the suspension of scheduled international passenger flights in the country till July 31 but added that some international scheduled services on selected routes may be permitted on a case to case basis.

Scheduled international passenger flights were suspended in India on March 23 due to the coronavirus pandemic.

Modifying its June 26 circular that stated that scheduled international passenger flights will remain suspended till July 15, 2020, the regulator stated on Friday it has decided to extend the deadline to July 31, 2020.

However, international scheduled flights may be allowed on selected routes by the competent authority on a case to case basis,” said the circular by the Directorate General of Civil Aviation (DGCA).

Air India and other private domestic airlines have been operating unscheduled international repatriation flights under the Vande Bharat Mission, which was started on May 6 by the Central government.

India resumed scheduled domestic passenger flights on May 25, after a gap of two months.

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.