Some kin of air crash victims may move civil court

[email protected] (The Hindu)
May 20, 2012

air_crash

Mangalore, May 20: Some families of the 2010 Mangalore air crash victims, who were unhappy with the quantum of compensation, may now file cases in a civil court here seeking its intervention on Monday.


Mangalore Air Crash Victims' Families Association president Mahammad Beary told The Hindu on Saturday that around five or six relatives of the victims of the May 22 air crash in which 158 persons died, were likely to file cases.


The Dubai-Mangalore Air India overshot the tabletop runway and plunged into the wooded area. There were eight survivors in the incident.


Mr. Beary said the cases for compensation or for increase in the compensation have to be filed within two years of the accident as per the Montreal convention.


The second anniversary of the air crash accident is on Tuesday.


Though many relatives of the victims were not happy, all of them were not willing to wage a legal battle with Air India and had decided to accept the quantum of compensation given after negotiations with the law firm hired by the airlines.


Some of them were reluctant as they would have to pay stamp duty of Rs. 3 lakh to Rs. 4 lakh depending on the compensation sought.


He said those who had not filed applications for compensation too could file cases before two years of the accident. Stating that the number of persons who may file cases was not known, he added, “We are watching the situation.”


He pointed out that the Kerala High Court had stated that the victims' relatives could file cases in civil court for higher compensation.


It may be noted that in August 2011, the court had observed that the carrier was liable to pay any actual damages proved by the claimants in the case of death or in the case of injured.


Settlements

The liability so payable could be determined through negotiated settlements or in a civil court of competent jurisdiction, it had said.


About the exact quantum of relief given by Air India, the Association has filed an application under the Right to Information Act, 2006, Mr. Beary said.


Monument

Mr. Beary said the association was pursuing the matter of building a monument for the victims.


It may be noted that a memorial with the names of all the victims etched on black granite at the site of the accident at Kenjar near here was vandalised in October 2010 allegedly over a land dispute. Mr. Beary said he had heard that the Air India would have a monument built through the local grama panchayat at Maravoor.


Besides pursuing this, the association would submit a memorandum to the Dakshina Kannada Deputy Commissioner N.S. Channappa Gowda after the Association's meeting on May 22, regarding protecting the site in Panambur where 12 unidentified bodies were buried.


There was no public function planned this year on May 22 as was done last year. The office-bearers of the Association would offer condolence at a meeting to be held here on the day, Mr. Beary said.




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Bengaluru, Mar 15: The Karnataka government has intensified screening all international passengers at airports by classifying them into three risk categories.

Passengers, who are symptomatic on arrival fall under risk category 1, those aged above 60 and have Symptoms fall under category 2. Those who fall in both these categories are being quarantined at designated facilities for 14 days from arrival.

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April 6,2020

Kottayam, Apr 6: "I will leave this room within a week after defeating you," the braveheart nurse had vowed after contracting the deadly coronavirus while attending to India's oldest COVID-19 survior, expressing unflinching faith in Kerala's health care system.

Last Friday, 32-year old Reshma Mohandas lived up to her promise and walked out holding her head high to her home, where she is now placed under 14-day quarantine, after she and the elderly man and his wife were discharged from the Medical College Hospital here on being cured of th e disease.

Soon after 93-year-old Thomas Abraham, whose recovery has been dubbed as a 'miracle cure' by the medical community, and 88-year old Mariyamma left the hospital, Reshma too headed home but with the resolve to come back and serve the patients after the mandatory two weeks quarantine.

"I will leave this room within a week after defeating you (coronavirus)", Reshma had posted in a WhatsApp group of her friends and colleagues while undergoing treatment in isolation at the hospital.

"I posted that message in the WhatsApp group because I have full faith in Kerala's health system. It is world class," Reshma told reporters from her home.

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She said she loved taking care of all their needs.

"I was not tensed at all. I love taking care of elderly people. We used to talk a lot (in the ICU)", she said.

Reshma, who was earlier working in the operating theatre of another section, said she used work for four hours in the ICU before she contracted the virus and was admitted to the same wing as a patient.

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Kerala Health minister K K Shailaja telephoned Reshma to express her happiness over her recovery.

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