Karnataka becomes first state to give legal protection to those who help accidents victims

Agencies
September 30, 2018

New Delhi, Sept 30: President Ram Nath Kovind has given assent to a bill which will give legal protection to the good samaritans in Karnataka who help accidents victims with emergency medical care within the 'golden hour', officials said Sunday.

With this, Karnataka has become the first state to give legal protection to good samaritans through a legislation amidst the rising incidents of accidental deaths in India, which saw 1,50,785 people getting killed in road accidents in 2016.

The Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Bill, 2016, aims to give protection to good samaritans and ensure immediate medical assistance for road accident victims within the 'golden hour' and encourage people to offer first aid to victims without fear of harassment in the hands of police and investigations.

In medical term the 'golden hour' is the first hour after a traumatic injury when emergency treatment is very crucial.

Under the new law, the Karnataka government will provide financial help to good samaritans who help victims in a timely manner, they will be exempted from repeated attendance in courts and police stations, in case attendance is mandatory, expenses of such "running around to courts and police stations" will be taken care through the proposed 'Good Samaritan Fund'.

After admitting the accident victim to the hospital, the good samaritan can leave immediately, all government, as well as private hospitals, are bound to give first aid to the accident victims, according to the new legislation.

Another official said there have been many instances when people get busy in clicking photos or making videos of the victims, instead of providing the accident victims medical help.

"With the new law, there will be clear message that good samaritans will not be harassed in any manner," the official said.

There were 4,80,652 road accidents in the country in 2016 in which 1,50,785 people were killed. In 2015, there were 5,01,423 road accidents in the country in which 1,46,133 people were killed.

Karnataka is one of the top five states which saw a large number of people getting killed in road accidents in 2016 and 2015.

There is no central law to protect the good samaritans. However, the Union Surface Transport Ministry had issued a set of guidelines in 2015 following a Supreme Court order to protect the good samaritans.

Also Read: Karnataka Government plans award to honour people who save accident victims

Comments

Ramprasad
 - 
Sunday, 30 Sep 2018

Should offer some money too. Then people may come as queue for helping

Suresh
 - 
Sunday, 30 Sep 2018

Many people including me hesitated to do help for accidents people  only because of the fear of facing legal sides/police procedings if anything happen to the victim

Rahul
 - 
Sunday, 30 Sep 2018

Loud applouse for Karnataka govt. This help to overcome the fear of offering help.

Danish
 - 
Sunday, 30 Sep 2018

Great initiative. People wont hesitate to help accident victims

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News Network
June 5,2020

Bengaluru, Jun 5: An earthquake of magnitude 4.0 on the Richter Scale jolted Karnataka on Friday morning while another with a magnitude of 4.7 was felt in Jharkhand.

The tremors were felt in Hampi (Karnataka) and Jamshedpur (Jharkhand), according to the National Center for Seismology (NCS).

According to NCS, the aftershocks were felt at 6:55 am in both the places today.

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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coastaldigest.com news network
February 21,2020

Newsroom, Feb 21: Chief Minister B S Yediyurappa has claimed that Amulya Leona, who raised pro-Pakistan slogans at a pro-India event in Bengaluru, had links with Naxalites.

The 19-year-old B.A. student was arrested on sedition charge after she raised pro-Pakistan slogans at a peaceful protest against the Citizenship (Amendment) Act in Bengaluru yesterday.

"Bail should not be given to Amulya. Her father has also said he won't protect her. It’s proved now that she had contacts with Naxals. Proper punishment should be given," Yediyurappa said in Mysuru today.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi, who snatched mike from Amulya’s hand, said that her slogans only helped Bharatiya Janata Party and those who are trying to suppress people’s movement against racism and communalism.

Interestingly, Amulya hails from a family which has close association with Sangh Parivar. Her father Wazi Noronha was a leader of minority of wing of BJP in Koppa taluk of Chikkamagaluru district.

He had worked in support of hardline BJP leader and Udupi-Chickmagaluru MP Shobha Karandlaje, and D N Jeevaraj, who had represented Sringeri constituency last time.

Meanwhile, a group of people attacked the house of Wazi at Gullagadde near Koppa last night. A group of Bajrang Dal activists also compelled him to shout ‘Bharat Mata ki Jai’.

Also Read: Mangaluru: VHP stages protest against ex-BJP leader’s daughter who raised pro-Pak slogans

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