M'lore Air Crash: 147 cases settled, claims Nanavati

[email protected] (Deccan Herald)
April 28, 2012
Mangalore, April 28: With less than a month left for settling the payment of compensation to Mangalore air crash victims as per the Montreal Convention, a solicitor involved in the compensation negotiation has said that claims of 147 out of 158 victims families have been settled.

Mulla and Mulla and Craigie Blunt and Caroe Advocate and Solicitor Hoshang D Nanavati said that out of 147 cases, 116 have been settled in full and final basis and 25 cases have been settled as per the judgment of the divisional bench of Kerala High Court. The six pending cases have been settled partially.crash_copy

Declining to give out the details of the settlement like quantum of compensation, Nanavati only said claims of 147 air crash victims' families have been settled for Rs 107.35 crore.

The Montreal Convention of 1999 (XXI-Article 35), which has been enacted by our Country vide Carriages by Air Act along with all of the amendments has in it 'law of limitation', which sets a time limit for the families of the victims to file claims.

The time limit is two years from the date of the incident and in case of Mangalore air crash, the 'law of limitation' expires on May 22, 2012.

The Air India Express flight 812 from Dubai to Mangalore overshot the runway while landing at the table top Bajpe airport, about 20 km from Mangalore, and caught fire after plunging about 300 metres off a cliff on May 22, 2010. Answering a query whether there was a delay in settling cases as the deadline to sort out cases will end in May, Nanavati said that he does not think so. “We have been pro-active and we are going out of our way to come here. Many people who come do not have the complete documents, which has been a major setback for settlement,” he claimed.

“There has been no increase in the amount allotted for housewives. However, if the families can show that the housewives were earning some income, we can increase the amount,” added Nanavati.

He claimed that he succeeded in settling nine cases during the last three days and 13 more cases are pending. “We shall have to make another quick visit soon, to sort out the pending cases,” he said.

The Supreme Court on January 3, 2012, had issued a notice to the Central government and Air India on a petition seeking a minimum compensation of Rs 75 lakh each for the 158 passengers killed in the air crash.

An apex court bench issued the notice after senior counsel Harish Salve, appearing for petitioner S Abdul Salam and others, told the court that under the Montreal convention the national carrier was obliged to pay a minimum compensation of 100,000 SDRs (special drawing rights) to the kith and kin of the passengers who died in the crash.

The SDR is a mix of currency values established by the International Monetary Fund ( IMF). According to the current value, one lakh SDR working out to over Rs 75 lakh.


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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
February 12,2020

Kathmandu, Feb 12: Nepal has suspended the licence of a mountainous resort for three months due to poor security management and managerial weakness at the hotel where eight Indian tourists, including four minors, died of possible asphyxiation, according to media reports.

Kathmandu: Nepal has suspended the licence of a mountainous resort for three months due to poor security management and managerial weakness at the hotel where eight Indian tourists, including four minors, died of possible asphyxiation, according to media reports.

Tragedy struck a group of 15 tourists from Kerala when eight of them died on January 21 due to possible asphyxiation after they fell unconscious probably due to a gas leak from a heater in their room at a mountainous resort in Makwanpur district.

The tourists were airlifted to HAMS hospital here where they were pronounced dead on arrival. Makwanpur police said the victims might have fallen unconscious due to asphyxiation.

The Department of Tourism on Sunday imposed a ban on the operation of Daman-based Everest Panorama Resort for three months based on the report submitted by a probe committee formed to investigate the death of the Indian tourists from Kerala, the Kathmandu Post reported on Tuesday.

The department decided to shut down the resort as the report submitted by a probe committee pointed out poor security management and managerial weakness at the resort for the incident, it said.

The Ministry of Culture, Tourism and Civil Aviation had formed the probe committee under Surendra Thapa, the director of the Department of Tourism. After a field inspection, the committee had submitted its report a few days ago, pointing to the shortcomings of the resort.

During the investigation, the committee found the resort had not been following the recommended safety measures and was providing substandard services to its guests, The Himalayan Times reported.

Moreover, the committee discovered that the resort had not fulfilled the criteria set by DoT to be categorised a 'resort', it said.

Mira Acharya, director of DoT was quoted as saying by the report that the resort's operations have been halted as per Section 15 of Tourism Act-1979.

"If the resort owner wishes to resume services after three months of suspension, the resort should be upgraded as per the Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules-1981 and also meet the criteria mentioned in a notice published in the Nepal Gazette under the title 'Hotel Classification and Criteria'," Acharya said.

She added that the resort would also have to undergo the Environment Impact Assessment to get the permission from DoT to resume operation.

Meanwhile, the resort management has said that they will work towards meeting the standards fixed by the department and run the resort efficiently.

"We will work towards meeting the standards fixed by the department and run the resort efficiently. We are saddened by the tragic incident. We will ensure that such incidents don't occur in the future,” said Sudesh Gautam, the operator of the resort was quoted as saying by the Kathmandu Post.

The group, after travelling to Pokhara -- a popular mountainous tourist destination -- was on their way back home and stayed at Everest Panorama Resort in Daman.

Those who were killed were Praveen Krishnan Nair, his wife Saranya Sasi and their three children and Ranjith Kumar Adatholath Punathil, his wife Indu Lakshmi Peethambaran Ragalatha and their son.

Everest Panorama Resort was established 28 years ago in Daman Simbhajyang area, a tourist destination in Bagmati Province. The tourist numbers, according to Thaha Hotel Association, have plunged after the tragic accident of January 27.

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News Network
March 18,2020

Bengaluru, Mar 18: In the backdrop of the breakdown of the COVID-19 virus across the state, the ongoing Budget session of the Karnataka Assembly, which is scheduled to end of this month, is likely to be cut short by one week.

According to official sources, the state government, which had shut down all the congregating places including Malls, Theatres, Marriage Halls and banned all the public functions, is in favor of the cutting short the ongoing Assembly session, to give focus on keeping a tab on the COVID-19 disease.

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