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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Media Release
March 18,2020

Mangalore, Mar 18: The Dakshina Kannada District Home Guards felicitated social activist and Executive Director of Centre for Integrated Learning, Sachitha Nandagopal at the Home Guards district office to mark the International Women's Day recently.

She was recognised for her achievements and contributions to the society in the field of education, culture and mental health.

Sachitha Nandagopal, a former Head of Department of Journalism at Besant Women's College and Principal of CMR Post Graduate Centre for Media Studies, Bangalore, is the Co-Founder of Centre for Integrated Learning, Mangalore which is an NGO working in the field of alternative education, adding value to the present education system. As a Facilitator in Dance Movement Therapy, she has founded Anveshanam - Centre for Mindfulness and Emotional Wellbeing, an organisation dedicated to addressing mental health issues.

She was honoured by District Commandant, Dakshina Kannada Home Guards, Dr. Muralimohan Chunthar. Senior Home Guard Ramesh Bhandary, Diwakar, Mahesh and lady personnel of Home Guards were present on the occasion.

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Deepak Shetty Qatar
June 19,2020

Mangaluru, Jun 19: A repatriation flight from Doha brought 178 passengers to Mangaluru today. This is the first flight operated from Qatar to Mangaluru under the Vande Bharat Mission. 

The Air India Express flight, which took off from Hamad International Airport in Doha at 12 noon (Qatar time) landed at Mangaluru International Airport around 6.30 pm IST.

Indian embassy had prepared the list of passengers to be flown in the flight. Stranded people who were in need of emergency repatriation such as pregnant women, senior citizens and those in need of emergency medical treatment were given priority while finalising the list of passengers. 

Kannadiga organisations in Qatar such as Karnataka Sangha, Tulu Kuta Qatar, Karnataka Muslim Welfare Association, Mangalore Cricket Club, Bunts Qatar, Mangalore Cultural Association, South Canara Muslim Welfare Association, Qatar Billawas had been striving for the repatriation of stranded Kannadigas by exerting pressure on the elected representatives to operate flights. 

Kannadigas in Qatar have thanked former Udupi-Chikkamagaluru MP Jayaprakash Hegde for persuading the authorities concerned to facilitate the repatriation. 

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News Network
July 16,2020

Mangaluru, Jul 16: Streets in Mangaluru wore a deserted look as the city woke up to the first morning of the seven-day lockdown on Thursday.

The lockdown is being observed after the state government announced it as a necessary step to combat the spread of COVID-19.

The week-long total shutdown came into effect in the Karnataka's Dakshina Kannada district from 8 pm on July 15 till 5 am on July 22.

The state government allowed relaxation between 8am to 11 am for purchasing of essential commodities. A slight rush was observed during the hours of the relaxation.

Karnataka has so far reported 47,253 positive COVID-19 cases, including 27,859 active cases and 18,466 recoveries.

So far, 928 people have lost their lives due to the infectious virus in the state.

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