Air crash payout judgment a big boost to our fight'

[email protected] (CD Network)
July 21, 2011

Mangalore, July 21: The Kerala High Court judgment ruling that the families of the victims of the Air India Express crash in Mangalore Mangalore last year are entitled to a minimum individual compensation of Rs 75 lakh has evoked a sense of relief among the the relatives of those who died in one of the worst air disasters in India's aviation history.


Welcoming the decision, Mohammed Beary, president, Mangalore Air Crash Victims' Families Association, said, the counsel of Air India and senior advocate H.D. Nanavati had been staunchly opposing our claim for awarding compensation as per the provisions of the Montreal convention.


“Nanavati had also ridiculed the then aviation minister Praful Patel by saying that he did not have legal knowledge. The Kerala High Court judgment will be a boost for our fight against the discriminatory payout policy pursued by the Air India and their agencies,” Mr Beary said.


However, Mr. Beary was quick to add that“A person's life can't be equated with money.”


“We have also approached the Swedish lawyers seeking compensation on par with international standards. We have given all our document s to the reputed legal firm. One should also bear in mind that the when we filed a writ petition in the High Court through, it was yet not confirmed that the tragedy was a result of pilot error,” he noted.


When asked about the possibility of Air India filing an appeal in the High Court, Mr Beary, said we are prepared to fight against such an appeal also.


“Our lawyers —Urban Olson and Stephen Erikson - both from Stockholm in Sweden, will hold negotiations with a London insurance company with regard to the compensation of 60 crash victim families. The meeting will take place on July 28. This will be followed by two more rounds of negotiations. We are hopeful of securing justice,” Mr. Beary said.


Meanwhile, Mangalore Air Crash Victims' Families Association (formed to help the victims' kin) Legal Advisor Varadaraj K termed the verdict as landmark and said the decision would not only help the family members of May 22, 2010, crash victims, but would also serve as a future reference.

Recalling the “callous attitude” of the advocates of Mulla & Mulla (the legal counsels for Air India), who offered only Rs 35 lakh compensation to the kin of Mohammed Rafi of Kasargod, a victim of the air crash, Varadaraj said the Air India counsels had in fact forced Rafi's father Abdul Salam to approach the High Court that ruled in favour of Rafi, thereby helping all the victims.

Counsels for Air India had fixed Rs 30 lakh for women, Rs 25 lakh for children and Rs 35 lakh for men killed in the crash.

Prof John D'Silva, Principal, St Aloysius PU College, who also refused to accept the meagre compensation offered by Air India for his 29-year-old relative Ullas Joseph D'Silva's death, said: “They (Air India counsels) can't bargain or fix a price for a human being based on his present salary, when there is every chance of him getting a promotion in his career.” Ullas was employed as an accountant in a five-star hotel in West Asia.

Air India reaction

Meanwhile Air India has clarified that the airlines was not connected with the issue of compensation and the issue was being handled by the insurance companies.


When contacted, Chellam Prasad, Air India (Mangalore)?Station Manager, said the national carrier was awaiting a copy of the Kerala court judgment. He said the authorities would decide the future course of action after obtaining the verdict copy.

Victim's father slams AI

“I had no other option but to approach the court when the advocates (appointed by Air India) cared a pin for our pleas and fixed a price for my son's life,” Abdul Salam said.

“Your son was earning Rs 25,000 in Sharjah. So, we will give Rs 25 lakh as compensation,” Salam cited Mulla &?Mulla chief H?D?Nanavathi as telling him when he approached the Air India counsels for more compensation.

“I told them I would give the legal counsels Rs 50 lakh if they gave me back my son,” Salam said.

So far, the Air India has settled only 55 cases (52 dead and 3 survivors) while 68 persons (47 in Mangalore and 21 in Dubai) have approached the foreign law firm.

mangalore-air-crash-victims

Petitioner Abdul Salam (extreme right), his son Abdul Nasir with a photo of Mohammad Rafi, who was killed in Mangalore air crash

ARV

ARV2

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News Network
November 17,2024

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Mangaluru: A tragic incident unfolded on Sunday, November 17, at Vazco Resort (VAZCO), situated at Battappadi Cross Road in Someshwara on the outskirts of the city, when three young women drowned in the resort’s swimming pool. 

Disturbingly, an iPhone recording and CCTV footage captured their final moments, providing insights into the heartbreaking accident.

According to City Police Commissioner Anupam Agrawal, the tragedy occurred at approximately 10:05 AM. The victims were identified as:

Keerthana N (21) from Devaraj Mohalla, Hebbal Second Stage, Vijayanagar Post.
Nishitha M.D (21) from 4th Cross, Kuribarahalli, Mysuru.
Parvathi S (20) from Ramanuja Road, K.R. Mohalla, Mysuru.

Sequence of Events

The three women had checked into Room No. 2 of the resort on the morning of November 16 and stayed overnight. On Sunday morning, around 10 AM, they entered the swimming pool to play. Reports suggest that they placed their clothes poolside and set an iPhone to record the activity.

Initial findings indicate one woman slipped underwater and began to struggle. When the second attempted a rescue, she too drowned, followed by the third woman. Within minutes, the tragedy claimed all three lives. CCTV footage from the resort corroborates the sequence, showing the young women struggling before succumbing to the water.

Investigation Underway

The resort staff discovered the lifeless bodies and immediately raised the alarm. Ullal Police Inspector H N Balakrishna and his team are conducting an investigation. Preliminary reports suggest the women were non-swimmers, and the lack of safety measures contributed to the tragedy.

The resort is owned by Manohar, as per police records. While the formal case is yet to be registered, the incident has raised serious questions about safety protocols at resorts offering pool facilities.

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News Network
November 18,2024

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Mangaluru: The Ullal police have arrested Manohar, the owner of Vazco Beach Resort, and its manager Bharath in connection with the drowning of three college girls from Mysuru at the resort’s swimming pool on November 17.

City Commissioner of Police Anupam Agrawal confirmed the arrests, stating that a case has been registered under Section 106 of BNS. The bodies of the victims, all in their twenties, have been handed over to their parents. The women had arrived at the resort for a weekend getaway on November 16.

Following the tragic incident, the resort was sealed by officials led by Mangaluru Assistant Commissioner Harshavardhan. The trade license of the resort, issued on June 13, 2024, has been suspended, and the tourism department has temporarily revoked the resort's registration. These actions prohibit the resort from engaging in any tourism-related activities until further notice.

Someshwara TMC Chief Officer stated that the suspension was due to the resort's failure to implement adequate safety measures, which resulted in the loss of three lives. Further investigations are underway.

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News Network
November 19,2024

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In the wake of the tragic drowning of three students at a resort near Ullal on the outskirts of Mangaluru city, the tourism department in Dakshina Kannada is set to implement comprehensive safety guidelines for properties with swimming pools or beach access. This initiative aims to ensure guest safety and prevent similar incidents in the future.

New Safety Mandates for Resorts and Homestays

Rashmi S.R., deputy director (in-charge) of the tourism department, announced, “We will instruct all homestays and resorts to enforce precautionary measures, especially those with pools or direct beach access. Properties must ensure 24/7 supervision, particularly during guest hours. This tragedy highlights the importance of having trained personnel on-site.”

Key Safety Guidelines

The district, home to around 150 homestays and 130 resorts, will see the following measures enforced:

  • Clearly displaying pool depths.
  • Installing adequate safety equipment, such as life buoys.
  • Employing trained lifeguards at all times.
  • Establishing clear pool operating hours.
  • Reviewing and implementing standard operating procedures (SOPs) for pool and beach usage.

Booming Beach Tourism Calls for Vigilance

Manohar Shetty, president of the Association for Coastal Tourism (ACT), Udupi, highlighted the growing popularity of beachside resorts, particularly during peak seasons. Properties in Udupi, often fully booked with tourists from Bengaluru, Mysuru, Kodagu, and Shivamogga, face increasing pressure to maintain safety standards.

Udupi district boasts 22 beachside commercial properties catering to this rising demand.

Shetty emphasized, “Authorities must scrutinize safety measures and carefully evaluate guidelines before issuing new resort licenses. Panchayats should rely on the Karnataka Town and Country Planning Act when handling such cases.”

Long-Term Solutions for Water Safety

Recognizing the need for a cultural shift in water safety, Shetty proposed integrating swimming lessons into school curricula. This move would not only equip students with essential skills but also encourage safe participation in water-based activities.

A Safer Tomorrow for Coastal Tourism

As the tourism sector thrives, Mangaluru’s proactive approach underscores its commitment to visitor safety. The tragic incident serves as a wake-up call, propelling the industry towards stricter regulations and better preparedness, ensuring that coastal vacations remain both enjoyable and safe.

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