Kerala HC order on Rs. 75 lakh payout for Mangalore crash victims challenged

August 12, 2011

aircrash

Mangalore, August 12: Air India on Friday filed appeal against Kerala High Court order that has directed the airlines to pay compensation of Rs 75 lakh each to the victims of last year's (2010) Mangalore crash.

The issue has been the bone of contention between Air India legal counsel and the Mangalore Air Crash Victims' Families Association, set up to fight the cause of victims of IX812 crash.

The Air India has insisted in its appeal that it was liable to pay only "proven damages".

In a landmark order last month the Kerala High Court held that the families of victims of the Air India Express crash in Mangalore were entitled to a minimum compensation of Rs 75 lakh each.

Justice P.R. Ramachandran Menon passed the order while allowing a petition filed by Abdul Salam and Ramla, parents of 24-year-old B Mohammed Rafi, who was killed in the crash.

158 passengers and crew on board the Air India aircraft from Dubai had perished in the worst air disaster in the last decade, when the plane caught fire after one of its wings hit a hillock at Kenjar in Mangalore.

The brothers and sisters of the deceased are also party to the petition. Union government and National Aviation company (erstwhile Air India) are the respondents in the case.

There were 166 persons on board the flight IX-892, piloted by a Serbian national. Operating the Boeing 737-800, the pilot had first tried to land and later attempted to gain altitude.

The court held that the carrier was liable to pay no fault liability of one lakh SDR (Special Drawing Rights equal to Rs 75 lakh) to the petitioner. The SDR is a special currency issued by IMF. This is apart from whatever other compensation the petitioners are entitled to.

The petitioners prayed for a direction to settle the entire statutory claims made under the provision of the Air Act 1972 from the respondents on the death of Rafi. They had sought Rs 1.5 crore as compensation.

Noting that India was a signatory to the Montreal Convention, the court said, "It is clear that the intention of lawmakers was to bring about a parity in the matter of payment of compensation to the passengers, irrespective of class of travel, while providing for a 'two tier system' of compensation as adopted in Montreal convention."

The "first limb" of compensation as stipulated under Rule 21(1) of the Third schedule was with the said intent to provide the same as the "minimum compensation" payable in respect of death or the bodily injuries subject to the satisfaction of extent of damage, the court said.

"Since the extent of damage to any injury cannot be anything more than death", no further proof is necessary to have sanctioned the minimum compensation of "Rs one lakh SDR" in the case of death and this is the mandate of the Statute, it held.

The court said it was of the "firm belief" that Mohammed Rafi, who lost his life like the several others, was not liable to be discriminated by the respondents, restricting the compensation with reference to his age, income or the dependency of the members of the family.

The petitioners were entitled to have a "minimum of one lakh SDR" as compensation payable under the Statute based on the Montreal Convention treating the matter as "no fault liability" which can in no case be "absolved or limited by the carrier under any circumstances", it said.

About Rs 20 lakh has already been paid to the petitioners and the rest should be paid in a month's time, it added.

The petitioners said the deceased, working in UAE was returning home to Kumbala in Kasaragod in the ill-fated flight.

They said that the National Aviation Company Ltd, put forth an "unconscionable" demand, allegedly at the instance of their insurers, to come to a settlement for a total sum of Rs 35 lakh in full and final settlement.

Against this, the petitioners approached the high court seeking a declaration and enforcement of their rights, referring to the mandate of the Montreal Convention.

The air crash was solely on account of lapse on the part of the pilot and in turn the sheer negligence of the National Aviation Company, they said.

The company filed a counter stating that the matter has to be dealt with as per the provision of the Carriage by Air Act 1972, as amended by Montreal Convention of 1999 to the exclusion of all other laws in force in India.

Referring to the fact that the deceased was aged 24 and was "employed as salesman in a supermarket, earning a salary of 2000 AED (RS 25,000 per month)", the maximum compensation was contended as much below Rs 35 lakh and accordingly the amount was offered as compensation payable in "full and final settlement", which was unacceptable to the petitioners.

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News Network
April 7,2020

Mangaluru, Apr 7: The virology lab set up in Wenlock Hospital here to test COVID-19 samples will start functioning from Tuesday, Karnataka District in-charge Minister Kota Srinivas Poojary said.

In his tweeter Mr Poojary said “After receiving approval from the Indian Council of Medical Research (ICMR) and National Institute of Virology (NIV), the Virology Research and Diagnostic Laboratory set up at district Wenlock will start operating from April 7. The samples for COVID-19 will be tested in the district itself. I thank the state government for helping us set up the lab.”

The new Lab becomes the 10th government lab for testing COVID-19 samples in the state.

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News Network
February 22,2020

Bengaluru, Feb 22: President Ram Nath Kovind on Saturday said an ideal trade-off needs to be reached between new media -- which is fast and popular -- and traditional media which has developed skills to authenticate a news report, which is a costly operation.

Addressing the fourth edition of ‘the Huddle’ – the annual thought conclave of the Hindu here, he asserted that the internet and social media had democratised journalism and revitalised democracy, but had also led to many anxieties.

While the new media was fast and popular and people could choose what they wanted to watch, hear or read, traditional media would have to introspect on its role in society and find ways to earn the reader’s full trust again as "the project of democracy was incomplete without informed citizens – which means, without unbiased journalism."

Debate and discussion were internalised in India’s social psyche to arrive at truth since time immemorial, he said.

"There is no doubt that perception of truth is conditioned by circumstances. The conditions that cloud the truth’s positions are effectively dispelled by a contestation of ideas through debate, discussion and scientific temper. Prejudices and violence vitiate the search for truth."

Expressing happiness to attend ‘The Huddle’ organised by The Hindu, he said the Hindu group of publications had been relentlessly aiming to capture the essence of this great country through its responsible and ethical journalism. He commended them for their insistence on sticking to the five basic principles of journalism – truth-telling, freedom and independence, justice, humaneness and contributing to the social good, an official release here said.

Mr Kovind said dogmas and personal prejudices distorted the truth. In the 150th year of Gandhiji’s birth, he asked all to ponder over this question: "will it not be proper to pursue truth itself as the ideology? Gandhiji has shown us the path by walking ceaselessly in search of truth which would ultimately encompass every positive attribute that enriches the universe."

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News Network
April 21,2020

Bengaluru, Apr 21: The group who had attacked police and healthcare workers at the minority-dominated Padarayanapura in the city on Sunday night had raised slogans ''kill police'' when the team went to quarantine some people, the police alleged in an FIR.

Around 100 to 120 people rushed out onto the road targeting the police and health workers who wanted to pick up primary and secondary contacts of coronavirus patients.

Cases have been registered against the miscreants based on the complaint of police officers.

In one of the FIRs, police sub-inspector Raman Gowda complained that when he went to quarantine 43 people with the healthcare officers, around 120 people rushed out and attacked them.

"The group of people holding sticks and stones rushed from Arafat Nagar," Mr Gowda said.

When he was trying to stop them from destroying a CCTV camera, the mob attacked him shouting slogans ''Kill the police. Don't spare them," he alleged in the FIR.

"They wanted to kill us with stones and sticks and some of our staff sustained injuries," the officer said.

According to police, 59 people have been arrested including A woman who had allegedly masterminded the attack.

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