Court orders AI to hike Mangalore crash compensation to Rs 75 lakh

July 20, 2011

mangalore_air_crash_2

Mangalore/Kochi, July 20: The families of victims of the Air India Express crash in Mangalore last year are entitled to a minimum compensation of Rs 75 lakh each, the Kerala High Court held today.

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
January 7,2020

Kochi/Thiruvananthapuram, Jan 7: The Managing Director of Muthoot Finance company was injured after miscreants allegedly pelted his car with stones here on Tuesday morning following which one person was reportedly taken into custody.

George Alexander Muthoot, who suffered head injury has been admitted to a private hospital, police said.

A section of employees have been agitating against the Muthoot management over dismissal of 160 staff from the company's 43 branches across the state in December.

The protest is being held under the aegis of the Centre of Indian Trade Unions (CITU).

While the Muthoot management alleged that "CITU goons" were behind the attack that occurred at around 9 am in front of IG office here, the union leaders have maintained that they have no role in the incident.

Reacting to the incident, Labour Minister T P Ramakrishnan said he does not think any of the Muthoot employees were behind the attack.

"The employees were protesting peacefully. Violence is not part of their protest. Even now, in today's incident, I don't think any of the Muthoot employees attacked the MD.

However, it was the management of the company which had always provoked them by not implementing the decisions taken at conciliatory meetings," the Minister said.

If the management was prepared to change its stance, all the issues would be resolved, he said.

CITU leader Ananthavattom Anandan told reporters that they do not believe in such type of violent mode of agitation.

An official of the Confederation of Indian Industries Kerala chapter condemned the incident, saying "it is a matter of great concern".

Well known businessman and founder chairman and CEO of V-Guard Industries, Kochouseph Chittilappilly condemned the attack and said it was unfortunate that such incidents still continue in the state.

“Earlier also such incidents have taken palace. It's highly condemnable. The union leaders will now claim that the incident took place without their knowledge. But without the backing of union, such incidents will never happen,” he said.

Kerala-headquartered Muthoot Finance is the largest gold financing company in India.

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News Network
May 27,2020

Bengaluru, May 27: Amid uncertainty caused by the Covid-19 pandemic, which has disrupted school education in Karnataka, the state government is seeking the help of the Union Ministry of Information and Broadcasting to televise classes, a state minister said on Tuesday.

"We request you to provide minimum three channels on the Doordarshan network exclusively for the Department of Public Instruction, Government of Karnataka," Primary and Secondary Education Minister Suresh Kumar said in a letter to Union I&B Minister Prakash Javadekar.

Suggesting co-branding the channels under DD and the state education department, he asked for the channels to be mandatorily transmitted by the cable and DTH operators under the Cable Act.

The state education department has already discussed with Prasar Bharti officials, who, according Kumar, have assured 3+3 hours of timeslots on the education channel Chandana on cost basis.

"We have also made all the necessary arrangements for content creation by the teachers," he said.

Meanwhile, the minister has revealed that television is the best medium for the students as a home learning mode in these challenging times.

"The department of public instruction reviewed various technological options and considered TV as one of the best means for home learning," Kumar said.

In a survey conducted by the education department, it was found out that 95 per cent households had television sets.

Kumar said the state operates government schools in nine languages, including Kannada, English and Urdu.

"To cater to all the students, and considering a long-term strategy to run schools by maintaining social distancing, we are in immediate need of minimum three exclusive channels to teach through TV," he said.

According to Kumar, the Karnataka government is facing hardships to meet the capital expenditure requirements, hence, it is seeking help from the I&B Ministry.

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News Network
May 5,2020

Bengaluru, May 5: The Karnataka excise department booked a case against a wine shop owner in this tech city for allegedly selling more liquor than permitted under the law to a buyer on the first day of shops reopening for business after 40-day lockdown on Monday, an official said on Tuesday.

"We have booked a case against licensed shop owner S. Venkatesh for reportedly selling Indian made liquor (IML) and beer to a buyer on Monday more than he is permitted under the Karnataka Excise Act section 36," Bengaluru South Excise Deputy Commissioner A. Giri told media persons.

The alleged sale came to light when the unidentified customer posted in the social media a receipt showing he bought liquor worth Rs 52,841 from Vanilla Spirit Zone in the city''s south-eastern suburb on Monday afternoon.

"Preliminary investigation revealed that 17.4 litres of IML was sold against the permissible limit of 2.3 litres and 35.1 litres of beer against the legal limit of 18.2 litres," Giri said.

Venkatesh, however, told Giri that the buyer paid for the liquor bought by him and seven of his colleagues at the same time from the shop as they entered together.

"We are investigating to ascertain if Venkatesh violated the license conditions by paying for liquor bought by his friends with him at the same time," Giri added.

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