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 26,2024

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Former minister and ex-MLC C M Ibrahim claimed that he still heads the original JD(S) and asked former prime minister and party supremo H D Deve Gowda to cut ties with the BJP, so that the party can be strengthened again. He also said options are being explored to either strengthen the JD(S) or to float a new regional party.

He was speaking to media persons, in Mysuru, on Monday, after meeting JD(S) MLA and former minister G T Deve Gowda, who has expressed his displeasure that he has been sidelined in the party and the party leaders have indicated his retirement from politics.

He stated, “If Deve Gowda had joined the Congress, during the last Assembly election, he would have been a minister now. We retained him in the JD(S), to strengthen the party. Now, efforts are being made to strangulate Deve Gowda’s political career. I have discussed all matters with Deve Gowda. In two days, I will start a Karnataka state tour and meet some leaders. After that, I will meet Deve Gowda again, and then decide on the further course of action.”

Ibrahim said, “The original JD(S) is ours. I am still its state president. All documents and accounts are in our name. Even now, if Deve Gowda leaves BJP’s company and returns, we will build the JD(S) again”.

“Union Minister H D Kumaraswamy should mend his ways and stop making JD(S) into a family-owned company. The JD(S)’s situation has become hopeless. Its love for the BJP is over. He should understand this,” he said.

“When I was with Kumaraswamy, he spent just Rs 4 crore in Channapatna and won by 20,000 votes. Now, without me, he spent Rs 150 crore and still lost by 25,000 votes. Without Muslims’ support, the JD(S) cannot win a single seat. Now, it is proved that 19 MLAs of the JD(S) won in 2023, because of Muslims,” he added.

Speaking on other options available, Ibrahim said, “We have not yet decided to go with the Congress. We are only considering to establish a third front. Whether it is founding a new regional party, forming a third front, or strengthening the JD(S), will be decided shortly.”

Earlier during the day, before meeting Deve Gowda, Ibrahim had said, that 12 to 13 JD(S) MLAs were dissatisfied with the party, but like Deve Gowda, were enduring pain.

“Now, I have started the task of uniting them. I as the JD(S) state president, it is my responsibility to address our MLAs’ grievances. At present, the JD(S) is on fire and all JD(S) MLAs want to protect their respective constituency. Hence, they have started speaking one by one,” he said.

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News Network
November 22,2024

Mangaluru: A man fell victim to an online scam, losing Rs 1.7 crore after fraudsters posed as officials from TRAI. According to a complaint filed at the CEN police station, the incident began on November 11, when the complainant received a call from an unknown number at 9:49 am.

The caller, claiming to represent TRAI, alleged that another mobile number registered under the complainant's name was involved in illegal activities in Andheri (East), Mumbai. The caller further stated that an FIR was lodged against the complainant for harassment under the guise of marketing. He was instructed to contact Andheri (East) police station immediately or risk his mobile service being deactivated within two hours.

The complainant was subsequently connected to an individual named Pradeep Sawant, who claimed the complainant was implicated in a money laundering scheme linked to the Naresh Goyal fraud case. Sawant alleged that a fraudulent bank account under the complainant's name was opened at Canara Bank, Andheri, and used to purchase a SIM card for illegal activities. He warned that the complainant could face arrest.

Later, the complainant was contacted via WhatsApp video call by individuals posing as Rahul Kumar (a police officer) and Akanksha (a CBI officer). They allegedly sent fabricated CBI documents to his WhatsApp number. The fraudsters demanded money to "resolve" the case. Fearing threats, the complainant allegedly transferred Rs 1.7 crore through RTGS in batches of Rs 53 lakh, Rs 74 lakh, and Rs 44 lakh between November 13 and 19. A case has been registered at the CEN police station and an investigation is ongoing.

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News Network
November 22,2024

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Bengaluru, Nov 22: For the second day running, the Karnataka BJP on Friday staged a statewide protest condemning the government’s alleged move to notify land of farmers as Waqf property.

The BJP staged a protest before the offices of Deputy Commissioners at district headquarters.

The BJP leaders are vehemently demanding that the state government cancel a 1974 Gazette notification in this regard.

The agitators are also demanding scrapping of the Waqf Board and the resignation of Chief Minister Siddaramaiah and Minister for Waqf and Housing Zameer Ahmad Khan.

The BJP MLAs, MLCs, MPs gathered in the premises of Freedom Park and staged a protest under the leadership of Leader of Opposition R. Ashoka and slammed the state government.

MLA T.S. Srivatsa led the protest in Mysuru and hundreds of party workers and farmers staged the protest under the leadership of former MP Pratap Simha in Kodagu.

Former MP Sumalatha Ambareesh led the agitation in Mandya.

This was the first time that Sumalatha took part in the party’s programme after the Lok Sabha elections.

State President B.Y. Vijayendra claimed, “The Congress government in Karnataka is issuing notices to farmers claiming the ownership of their lands to the Waqf Board and pushing them on the streets overnight.”

In the first week of December, three teams formed by the BJP will travel across the state and record the grievances of farmers.

“The state government is attempting to snatch away the lands belonging to temples as well,” Vijayendra alleged and added that the teams would comprise all senior leaders of the BJP.

Meanwhile, the police have taken Sri Ram Sena chief Pramod Muthalik into custody while staging a protest march to the office of Zameer Ahmad Khan in Bengaluru.

Muthalik along with Hindutva activists was planning to lay siege to Zameer’s office over the Waqf row.

The police stopped Muthalik and requested him to submit the memorandum by reaching the minister’s office in a vehicle. However, Muthalik refused to go with the police and continued his footmarch. The police took him into custody following arguments.

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