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 25,2020

Mangaluru, Apr 25: The Mangalore Refinery and Petrochemicals Limited (MRPL) has extended vital assistance to hundreds of migrant workers, destitute and needy families during the COVID-19 crisis through its CSR fund.

The lockdown has left thousands of people including migrant workers and destitute in the district, in the lurch. MRPL, using its corporate social responsibility fund through the Dakshina Kannada district administration, has sponsored 50,000 kg rice for the benefit of these needy citizens, a company release here said.

MRPL also donated grocery kits comprising boiled rice, dal, rava, sugar and tea to the needy families in the district, it said.

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News Network
June 15,2020

Mangaluru, Jun 15: A father and his four-year-old son were killed when their motorcycle was hit by a lorry from behind at Bakampady junction on the outskirts of the city.

The Police said the deceased has been identified as Abdul Bhasheer, a resident of Krishnapura and his son Shayan. 

On Sunday evening, Bahseer was going from Mangaluru to Krishnapura by the motorcycle along with wife and son when a speeding lorry "dashed into the motorcycle from behind and knocked them down''.

The four-year-old son died on the spot while Basher and his wife were rushed to the hospital. However, the husband succumbed to injuries at the hospital on Monday. Local police registered a case in this connection.

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News Network
May 22,2020

Bengaluru, May 22: The Karnataka government, which has fixed Rs 200 as fine for not wearing masks and covering faces to contain coronavirus spread, has collected Rs 3.43 lakh from 15,000 people as fine from May 5 till date.

"From May 5, the government has collected Rs 3,43,000 by fining 1,715 citizens for nor wearing masks or covering their faces," the Bruhat Bengaluru Mahanagar Palike (BBMP) Commissioner said in a statement.

Here is a zone-wise chart showing fines that have been collected:

Meanwhile, Karnataka Medical Education Minister Dr K Sudhakar said the state has reached its target of scaling up to 10,000 tests per day by conducting 11,499 tests on Thursday. In Kalaburagi, where the first COVID-19 case was confirmed in the State, conducted over 1000 tests yesterday.

"By conducting 11,449 COVID-19 tests yesterday, we reached our target of scaling up to 10,000 tests per day Kalaburagi that saw the first COVID-19 case in the state conducted over 1000 tests yesterday," Sudhakar said.

As per the Union Health Ministry, Karnataka has 1,605 positive cases, of which 571 have been recovered and discharged and 41 have succumbed to the infection.

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