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
July 17,2020

Mangaluru, Jul 17: An expert team from Bengaluru has arrived here on Friday to study the factors that have led to the sudden spurt in death due to Covid-19 in Dakshina Kannada district of Karnataka in the recent past.

The team has arrived following a request made by the district administration. The team comprising three experts has already held talks with specialist Doctors, according to official sources.

It will examine the reports on the treatment provided to the patients who have succumbed to the infection and will submit a report citing reasons for the increase in deaths, the sources added.

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News Network
May 29,2020

Bengaluru, May 29: Karnataka Law and Parliamentary Affairs Minister J C Madhuswamy on Thursday said the Centre has objected to the state's decision to increase working days at factories, and the matter would be discussed in the next cabinet meeting.

"....the Centre has raise objection to extending working days and has said it should be brought down. We will amend it....I will share the details after the next cabinet meet, the matter did not come up today (Thursday), we have received the letter," Madhuswamy told reporters in response to a question after the cabinet meeting.

He noted that a couple of states that had increased the working hours have withdrawn it. The Karnataka government had, on May 22, issued a notification allowing factories to extend working hours upto 10 hours a day and 60 hours a week till August 21. The extension of work hours is from the existing eight hours a day and 48 hours a week.

Pointing out that while announcing COVID-19 relief package, the Chief Minister B S Yediyurappa had announced Rs 5,000 per acre for maize farmers, Madhuswamy said while issuing the circular which mentioned that relief would be applicable to rabi crop, as it would not benefit many farmers.

Now, it has now been decided to give Rs 5,000 per acre to all maize farmers, irrespective of rabi or kharif. There were also several rules and regulations for barbers, autorickshaw and taxi drivers among others to claim their one-time compensation of Rs 5,000, the Minister said.

"We have decided to relax most of them (rules) other than those essential and give compensation, as regulations wouldn't have benefited many," he said. With five nominated seats of legislative council falling vacant on June 23, the cabinet has authorised the Chief Minister to nominate for 5 seats.

The cabinet also gave post-facto approval for Karnataka Repealing of Certain Enactments and Regional Law Bill 2020 that has been passed by the legislature.

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News Network
July 4,2020

A 53-year-old Indian worker in the UAE has missed a special repatriation flight after he dozed off at the Dubai International Airport, a media report said.

P Shajahan, who worked as a storekeeper in Abu Dhabi, was supposed to fly to Thiruvananthapuram on the Emirates jumbo jet chartered by the Kerala Muslim Cultural Centre (KMCC) Dubai, Gulf News reported.

It was the first-ever jumbo jet chartered for repatriation.

Shajahan, who had paid 1,100 dirham (USD 300) for the ticket, said that he did not sleep on the previous night as he kept on waiting for the confirmation of his ticket for the jumbo jet flying 427 stranded Indians to Kerala, it said.

He reached the airport early in the morning and after finishing the check-in procedures and rapid test, he reached the waiting area of the boarding gate at Terminal 3 around 2 PM local time, the report said.

“I sat away from most of the others. But I fell asleep after 4.30 PM,” he said.

S Nizamudeen Kollam, who coordinated the charter flight, said that the airline officials could not trace Shajahan when the flight was to take off.

“He woke up and called us after the flight left. It is sad that he missed the flight, which was the first-ever jumbo jet chartered for repatriation. We are now trying to send him on another Emirates flight that we are chartering on Saturday,” Kollam said.

Since Shajahan did not have any money, Jasimkhan Kallambalam, organising secretary of KMCC Thiruvananthapuram, went to the airport to meet him on Friday.

“Since his visa was cancelled, he could not come out of the airport. He had only eaten the snacks in the kit KMCC had given. We managed to give him some cash for buying food through KMCC volunteer Alamsha Latheef,” Kallambalam said.

In March, another Indian expat had fallen asleep in the same terminal and missed the last flight home before flights were suspended due to the COVID-19 pandemic.

He was stranded here for over 50 days before getting repatriated.

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