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

July 20, 2011

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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
October 29,2024

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Kasargod, Oct 29: At least 154 people have been injured in a fireworks accident at the Anjootambalam Veererkavu Temple in Kerala's Kasaragod district. Among the injured, eight individuals are reported to be in serious condition, with one person in extremely critical condition. The tragic incident occurred just after midnight on Monday during the traditional Theyyam festival, which drew over 1,500 attendees to the temple.

Eyewitnesses stated that the accident was triggered when sparks from firecrackers ignited additional fireworks stored in a nearby room. As panic ensued, a stampede followed, leading to further injuries. Local authorities confirmed that 97 individuals have been admitted to various hospitals in Kasargod, Kozhikode, Kannur, and Mangalore for treatment.

A young girl present during the incident recounted, "The accident took place after sparks from crackers fell into a room where other fireworks were stored. Soon, we were all running away, and I fell down and got injured. My sister escaped unhurt."

Safety Protocols Ignored: Police Detain Temple Officials

Authorities have attributed the cause of the fire to negligence on the part of the temple officials. The police have taken two members of the temple committee into custody for questioning. According to local officials, the temple had stored low-intensity fireworks worth around Rs 25,000 for the festival, which concludes on Tuesday night.

Kasargod district Superintendent of Police (SP) D. Shilpa emphasized that the temple authorities failed to comply with safety protocols, noting that they did not secure the mandatory licenses required for the bursting of firecrackers. District Collector K. Inbasekar confirmed that a thorough investigation is underway, with forensic samples collected from the accident site.

Local CPI(M) MLA M. Rajagopal expressed his condolences, calling the incident "very unfortunate" and reinforcing that safety measures must be strictly adhered to during such celebrations. Kasargod MP Rajmohan Unnithan echoed these sentiments, pointing out the serious lapses on the part of officials responsible for ensuring safety during the festival.

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October 26,2024

Bengaluru: Amid protests by farmers in Vijayapura who have been served notices by the Karnataka Board of Waqfs to vacate the land their ancestors had allegedly encroached, Karnataka Home Minister G Parameshwara on Saturday said the state government will review the situation. 

Speaking to reporters here, he said, "We will review it. The state government and the revenue department will review it. A decision will be taken based on old records." When asked that the Waqf Board had set a deadline to vacate the land, the minister said that is not a problem.

Meanwhile, in the district headquarter town of Vijayapura in North Karnataka bordering Maharashtra, the farmers staged a demonstration at the Deputy Commissioner’s office.

Holding the land records and registered land deeds, the farmers alleged that they were served notice soon after Housing and Waqf Minister B Z Zameer Ahmed Khan visited Vijayapura and directed the Deputy Commissioner to serve notices to the farmers who were sitting on Waqf land.

Farmer leaders alleged that without bringing the matter to their notice, the land records of farmers in Tenahalli village in Indi Taluk and Honvada village in Tikota Taluk were changed and made in favour of Waqf.

Bengaluru South BJP MP Tejasvi Surya on Friday said the Karnataka State Board of Waqfs has claimed its ownership over 1,500 acres of ancestral land of farmers in Honvada village.

Surya, who is also Bharatiya Janata Yuva Morcha president, said the farmers of Honvada village in Tikota Taluk were served notices declaring their lands as Waqf property "with no evidence or explanation provided".

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October 17,2024

Mangaluru: In a shocking case of cyber fraud, an engineer from Mangaluru lost ₹30 lakh after being deceived by a scammer posing as a Mumbai police head constable.

On October 10, the engineer received a phone call, during which the scammer falsely claimed that 25 fraudulent bank accounts had been opened in his name. The caller alleged these accounts were being used for illegal transactions and urged the victim to act immediately to avoid legal trouble.

The scammer manipulated the engineer into believing that all funds in his personal bank account needed to be transferred for "verification" by the Reserve Bank of India (RBI). In a state of panic, the victim complied, transferring ₹30 lakh to multiple accounts provided by the fraudster.

Adding to the deception, the victim was told to send WhatsApp updates every 20 minutes to track the "progress." Realizing the fraud only after the transfers were completed, the victim filed a complaint, and a case has been registered at the Bajpe police station.

This incident serves as a stark reminder for the public to stay cautious and verify information before acting on unsolicited calls, especially those involving sensitive financial details.

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