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
December 30,2024

Mandya: A 21-year-old man died after he allegedly blew himself up with a gelatin stick in front of the house of a girl he was in love with after her family rejected him, police said on Monday.

The incident occurred at Kalenahalli village of Mandya district on early Sunday morning, they said.

According to police, Ramachandra was in a relationship with a minor girl. Last year, he was booked under Protection of Children from Sexual Offences Act after he eloped with the girl. He was arrested in the case and spent three months in jail as an under-trial.

After getting released from jail, he entered into a compromise with the girl's family and the case was refuted in the court. But later, he started calling the girl and continued to maintain his relationship with her, police said.

Apparently, the girl's family was planning to get the girl married to someone else once she attained the legal age, a senior police officer said.

Ramachandra, a resident of a neighbouring village in Nagamangala taluk was allegedly upset with the girl's family for rejecting him. Suddenly on Sunday, he reached in front of the minor girl's house and detonated the gelatin stick he carried with him and the explosion claimed his life on the spot, the officer added.

Based on the complaint from the deceased person's family, calling it suspicious death, a case has been registered, police said. His family was in quarrying business and that's how he got access to gelatin stick, police said.

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News Network
January 9,2025

Mangaluru: Establishing a Beary Development Corporation is a valid demand, but its implications must be carefully studied, remarked Speaker UT Khader. He proposed forming an expert committee to evaluate the corporation’s potential impact on the Beary community during a district-level conference of the Beary-speaking community, organized by the Akhila Bharata Beary Mahasabha at Kudmul Ranga Rao Town Hall on Wednesday.

Khader expressed concerns over inefficiencies in existing government-established corporations, such as unfilled leadership positions, lack of appointed members, and insufficient funding. “The Beary Development Corporation must avoid similar pitfalls,” he emphasized. He noted that the Minorities Development Corporation already provides various schemes for Beary Muslims, urging a detailed assessment to ensure the new corporation’s funding does not fall short of current provisions, which could disadvantage the community.

Praising the industrious and self-respecting nature of the Beary community, Khader highlighted the respect Beary elders once commanded in villages. He encouraged the youth to uphold this legacy and actively contribute to the community’s progress. Additionally, he commended the Beary youth for their swift and dedicated responses during emergencies, which have garnered widespread recognition.

Khader underscored the importance of unity, cautioning against fostering divisions within the community. He also stressed the critical role of education in development, urging the maintenance of detailed records for SSLC and PUC students to track progress.

The event was presided over by Azeez Baikampadi, president of the Akhila Bharata Beary Mahasabha. Among the dignitaries present were former MLA Mohiudeen Bava and retired police officer GA Bawa. Dr. UT Ifikhar Ali Farid, honorary president of the Akhila Bharata Beary Mahasabha and chairman of the Karnataka State Allied and Healthcare Council, was felicitated during the program.

In notable initiatives, Kanachuru Monu, chairman of Kanachuru Medical College, unveiled the Mahasabha’s new website, while Sheikhabba Karnire of Expertise Company, Jubail, launched an IAS-IPS program aimed at empowering the Beary community.

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News Network
January 10,2025

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Barakah International School and College is organizing a unique parenting workshop aimed at equipping parents with essential skills in various aspects of parenting. The event will take place at Barakah Auditorium, Ayar, on Thursday, January 16, 2025, at 6:30 PM.

This session will cover three crucial aspects of parenting:

Motivating Your Child to Excel in Academics: Presented by Sharfuddin B.S., Principal of Barakah International School and College and an internationally acclaimed motivational speaker.

Parenting in the Modern Age: Delivered by Mr. Saif Sultan, a renowned motivational speaker and Chairman of the Hope Foundation.

Parenting Skills to Instill Islamic Values: Led by Mohammad Haneef, Principal of the Islamic Department at Barakah International School and a well-known Khateeb.

The workshop will conclude with a Q&A session, providing participants the opportunity to gain deeper insights from the experts.

The program is free of cost and open to both parents, subject to prior registration. Maghrib and Isha prayer arrangements will be available, and refreshments will be served at the end.

Interested participants are encouraged to register at the earliest to secure their slots via the following Google Form:

https://forms.gle/mKxsr4A1UGrpo7DJ9

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