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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coastaldigest.com news network
May 21,2020

Bengaluru, May 21: Chief Minister B S Yediyurappa today slammed Law Minister JC Madhuswamy for yelling at a woman farmer in Kolar, an incident that attracted widespread criticism. 

The incident happened on Wednesday when Madhuswamy, who is also the minor irrigation minister, was inspecting the Koramangala-Challaghatta (KC) Valley project, under which Bengaluru’s sewage is treated and pumped into lakes in Kolar. 

During his visit, farmer Nalini Gowda questioned Madhuswamy on the encroachment of the 1,022-acre S Agrahara lake. At one point, Madhuswamy lost his cool and yelled, “Aye! Shut your mouth, rascal,” and asked the police to take her away. Before this, Madhuswamy told her, “Make a request. I’m a very bad man. You can only air your grievance. Don’t command us.” 

A video of this exchange was aired by news channels. 

“What (Madhuswamy) said is not right. I have warned him. None can forgive such an explicit manner of talking with a woman. That, too, behaving like that being a minister doesn’t bode well. I will talk to that woman also and I’ll ensure this doesn’t happen again,” Yediyurappa told reporters.

The incident has come as a shot in the arm to the Opposition Congress, which is already attacking the Yediyurappa administration on the COVID-19 crisis. Condemning Madhuswamy’s behaviour, Leader of the Opposition Siddaramaiah demanded an apology and asked Yediyurappa to sack him from the Cabinet. 

Karnataka Pradesh Congress Committee (KPCC) president D K Shivakumar said it was unbecoming of Madhuswamy to behave like that being a senior minister. “People will ask us questions and express their problems, naturally. What’s important is how we handle ourselves. Be it a woman or anyone, they come to us because we’re into public service. Calling them ‘rascal’ and things is not right. Maybe there was some irritation, but I agree with (Siddaramaiah) that he should be dropped from the Cabinet,” he said.

On his part, Madhuswamy said he felt intimidated. “If I have hurt the feelings of any woman, I will certainly apologise,” he said. “But citizens should realise, we go to their villages to ask about their problems. If they start abusing us publicly, how can we work? My secretary and I heard her for five minutes and then told her that we know our responsibility. We asked her to close the issue. She didn’t stop and I got tempted (sic),” the minister said.

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Dr Parinitha
January 17,2020

We came on foot, we came on boats, shouting slogans of Azadi.

We stood on roof tops and sat on walls under the burning midday sun,

Listening to the words that we had longed to hear for so long.

Words that had been scripted through the lonely fears of our hearts.

Words that were spoken now with the clarity of courage.

Words that were spoken now with the suppressed strength of pent up anger.

Words that were spoken now with the certainty of belonging to the soil 

Which had become one with the dust of our ancestors.

We stood there in the waves of heat

Feeling the surge and press  of countless bodies around us.

Bodies meshed through the odour of sweat 

And the shared fear of a common persecution.

And hanging from the roof tops,

And tied to the poles,

And clutched in hands slippery with sweat,

And wrapped round the pillars,

And spreading into our blood,

Were three strips of colour with a wheel of spokes,

Sewn together into the shape of our being.

Woven into the folds of our future and the creases of our past. 

Stitched to the seams of the earth, the water, the air and the sky 

That belonged to us and to which we belonged. 

And we stood there from noon to evening,

We the people of India.

Raising our clenched fists like signposts to the future.

Chanting slogans like a new anthem.

Kin to each other through the ties of community.

Born to live and die 

In a nation that was ours to hold on to

And ours to belong to.

Dr Parinitha is a professor of English in Mangalore University. She penned the poem soon after participating in the historic protest against CAA, NPR and NRC at Shah Garden, Adyar, Mangaluru on 15th January, 2020.

Also Read: 

‘The more you try to divide us, the stronger and united we’ll be’: Record turnout in Mangaluru’s anti-NRC protest

Anti-NRC protest in Mangaluru brings ‘media bias’ to the fore

Comments

Abdullah
 - 
Wednesday, 29 Jan 2020

Salute to you siter for your meaningful poem.  This is reality.  However, the enmy is blind/deaf/dumb.   May God give right way of thinking to enmy and in case he is unlucky, let God finish him and let him beg for death.  

Indian
 - 
Thursday, 23 Jan 2020

Waav..What a Heart Touching poetry...

 

Hats off to you ma'am....

 

Love from all Indians...

 

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News Network
July 13,2020

Bengaluru, Jul 13:  Karnataka Deputy chief minister Dr CN Ashwath Narayan on Monday urged chief minister BS Yediyurappa to cancel the license of private hospitals and private medical colleges which did not hand over their 50 per cent beds, to the government, Karnataka Deputy Chief Minister's Office said.

On June 26, the Karnataka government reserved about 50 per cent for COVID-19 patients in some private hospitals in Bengaluru.

Earlier in the day, former Karnataka Chief Minister HD Kumaraswamy said that the state government should provide vitamin C drug, Ayush Ministry-certified immunity boosters and sanitisers to every household in the wake of the coronavirus spread.

According to the Union Health Ministry, Karnataka has recorded 38,843 cases of COVID-19 to date.

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