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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News Network
October 21,2024

Mangaluru: The MLC by-election for the Dakshina Kannada and Udupi Local Authorities Constituency commenced at 8 AM on Monday, with voting set to continue until 4 PM. A total of 392 polling booths have been established across the two districts, which form the constituency.

The constituency has 6,032 eligible voters, including 3,127 women. Early reports indicated brisk voting at the Mangaluru City Corporation polling booth, where corporators were seen patiently standing in line in the morning.

In a unique moment, Sharath, a gram panchayat member from Kokkada, cast his vote at Kokkada Gram Panchayat before heading to his wedding ceremony.

The constituency features 53 sensitive polling booths. Eligible voters include members of gram panchayats, corporators from Mangaluru City Corporation, city and town municipal councils, town panchayats, MLAs, MLCs, and Lok Sabha members representing the Dakshina Kannada and Udupi districts.

Notably, Byndoor MLA Gururaj Gantihole and MLC Prathap Simha Nayak, who do not represent local bodies, were left out of the voters' list. According to electoral rules, only those MLAs, MLCs, and MPs who represent city corporations, municipalities, town panchayats, taluk panchayats, or zilla panchayats are granted voting rights in the MLC elections for the Local Authorities’ Constituency.

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October 22,2024

Mangaluru, Oct 22: A Mangaluru resident has fallen victim to a ₹20 lakh scam after being lured into a fraudulent investment scheme by individuals posing as representatives of J.P. Morgan India. The case, filed at Kadri police station, highlights the growing threat of investment fraud in the region.

The victim, whose identity has not been disclosed, was contacted on September 24 by a man named Vishwanathan, who falsely introduced himself as the Chief Investment Strategist for J.P. Morgan India. Shortly after, a woman named Neeta Sharma reached out, using multiple phone numbers to convince the victim of her association with the prestigious financial firm. She shared a company link and urged the victim to invest ₹20 lakh, promising high returns.

On October 14, after being convinced by Neeta's claims, the victim transferred ₹20 lakh to the fraudulent account. Following this, Neeta instructed the victim to purchase 1,000 shares at ₹240 per share, which he did. The next day, she advised buying 7,900 more shares at ₹250.95 each, further strengthening her false credibility.

However, trouble arose when Neeta told the victim to withdraw the invested amount. Instead of receiving the full sum, the victim was sent only ₹1,500, transferred from an unknown account. When questioned, Neeta could not provide a clear explanation for the discrepancies.

Sensing the deceit, the victim demanded a full refund of his investment. Neeta, however, brazenly asked for an additional ₹4 lakh, prompting the victim to realize the extent of the fraud. He then filed a formal complaint with the Kadri police.

This incident serves as a critical reminder for the public to remain vigilant against fraudulent schemes, particularly those involving investment promises from unverified sources. Always ensure that you verify the legitimacy of financial institutions and representatives before transferring funds. 

The Kadri police are investigating the case and have urged the public to stay alert and report any suspicious investment schemes.

Tips to Protect Yourself from Investment Scams:

1.    Verify Credentials: Always cross-check the credentials of anyone claiming to represent a reputable financial institution. Use official contact information from the company's website to verify.

2.    Be Skeptical of Unsolicited Offers: Be cautious of unexpected investment offers, especially those that promise unusually high returns.

3.    Conduct Thorough Research: Before investing, investigate the company and the proposed investment thoroughly. Look for reviews, ratings, and any red flags.

4.    Report Suspicious Activity: If you suspect a scam, report it immediately to local authorities or financial regulatory bodies to prevent further fraud.

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