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
February 26,2020

Hubballi/Vijayapura, Feb 26: A 40-year-old resident of Talikoti town in Vijayapura was arrested on Tuesday and charged with sedition for allegedly saying 'I Love Pak Army' on a social media page and sharing a video of a song, 'Pakistan Zindabad'.

Police said they registered an FIR against Meru alias Merusab Hasansab Byagwat on a complaint filed by a contractor, Ashok Rathod of Nebgiri Tanda.

Byagwat has been booked under IPC sections pertaining to sedition (124A), promoting enmity between communities and making assertions prejudicial to national integration (153 A & B), among others.

In his complaint, Rathod said Meru had posted the video on his social media account on February 22. Rathod said he took a screenshot of the video and made some inquiries before approaching police.

Police said Meru would be produced in court soon.

Police said they are keeping a watch on pro-Pakistan activities. On Monday, slogans praising Pakistan surfaced on the walls of a government primary school in Budarsinghi. In the third week of February, three Kashmiri students shot a video hailing Pakistan and circulated it on social media in Hubballi.

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News Network
February 6,2020

Thiruvananthapuram, Feb 6: The Kerala government on Wednesday said three foreign nationals were among the 2,528 people under observation in the state for the novel coronavirus infection and no new cases have been reported.

At least 93 people with minor symptoms of the virus have been lodged in isolation wards of various hospitals, state Health Minister KK Shailaja told reporters in Thiruvananthapuram.

India's three positive cases for the virus has been from the state's three districts of Thrissur, Alappuzha and Kasaragod.

All the three are students of China's Wuhan university, the epicentre of the virus.

"No new cases of coronavirus has been detected in the state today. At least 2,435 are under observation at home while 93 are in isolation wards at various hospital across the state," Mr Shailaja said.

The minister also said two foreigners have been quarantined in Ernakulam district and one foreign national at Thiruvananthapuram.

"The foreigner in Thiruvananthapuram has been kept at general hospital but not because he was showing symptoms but for observation as he travelled from China," an official said.

The health status of the three patients, who had tested positive for the virus, "remains satisfactory", the minister said.

After three cases were reported, the Left Democratic Front (LDF) government had declared the epidemic as a "state calamity" on Monday.

The health department has issued advisories to the education, tourism and the animal husbandry departments on taking precautions.

"The students, teachers, other staff members residing with families of Wuhan/China returnees who are already in home isolation should not attend classes...," an advisory issued to the education department read.

Rajan Khobragade, Principal Secretary (Health), said the health department has directed the District collectors to hold a meeting with the religious leaders of the district to create awareness during prayer meetings.

"We have directed district collectors to meet religious leaders and talk to them about the seriousness of the situation and create awareness among them and their followers on how to contain the spread of virus," the minister said.

Mr Shailaja also said the department got messages from some Kerala students studying in China, who returned to the state after the virus outbreak, that their Universities had asked them to return and attend classes.

"We have got some messages from the students that they were being recalled by the universities in China. We discussed the matter and it was decided that the centre will contact such universities and convey the message that it was not possible to send the students back to China until the epidemic was under control," the minister said.

Mr Shailaja also said even though there were no positive cases for the second consecutive day on Wednesday, the state needs to remain vigilant and reiterated the 28 days quarantine period for those returning from China.

Of the 2,528 people under observation, the maximum number is from Malappuram (383), followed by Ernakulam (333), Kozhikode (306) and Thrissur (241).

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News Network
April 16,2020

Hubballi, Apr 16: Police have seized a vehicle carrying nine members of a family from Dharwad for misusing the travel pass issued by the district administration in Narendra Village and sent them for Quarantine.

Deputy SP Ravi Nayak and his team stopped the vehicle at Narendra village, in the outskirts of the city and found out that they were from Uppina Betagiri village returning from a wedding function using government pass issued for medical reasons.

The police seized the vehicle and sent them to KIMS hospital for a medical check-up. Their swab samples have been collected and sent for testing. The police have asked them to go for a compulsory home quarantine for 14 days.

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