Mangalore crash payout: HC reserves order on Air India's plea

[email protected] (CD Network)
August 17, 2011

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Kochi, August 17: A Division Bench of the Kerala High Court on Tuesday reserved its verdict on an appeal filed by Air India Ltd against an order of a single judge bolding that the company was bound to pay a minimum compensation of Rs. 75 lakh to the legal heirs of every person killed in the Mangalore air crash.

The Bench, comprising Justice C.N. Ramachandran Nair and Justice P.S. Gopinathan, reserved its judgment after the conclusion of arguments on the appeal.

The single judge had directed the company to pay the family members of B. Mohammed Rafi, who was killed in the crash, the balance sum within a month to make the compensation Rs. 75. Lakh.

In its appeal, the company said the single judge's order was wrong and unsustainable. The company further argued that the conclusion reached by the court, which cited the provisions of the Montreal Convention, was not fair. The single judge had observed that the Carriage by Air Act, 1972 did not draw any distinction among passengers over payment of a compensation of one lakh SDRs (Special Drawing Rights, equal to Rs. 75 lakh, of the International Monetary Fund).

The same should be paid by the carrier for the death of, or bodily injury sustained by a passenger in an accident on board, subject to the satisfaction of the extent of damage. The air carrier could pay compensation higher than the liability, but could not avoid or limit the liability provided under the Montreal Convention.

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News Network
September 16,2024

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In a heart-breaking incident, 19-year-old Shaun D'Souza, a native of Vittalwadi in Udupi's Kundapur taluk, tragically lost his life in the UAE due to heat stroke.

Shaun, the beloved son of Elias Cyril D'Souza and Pramila D'Souza, originally from Hosabettu, Moodbidri, had been pursuing his college education in the UAE.

He was admitted to a hospital in Ras Al Khaimah, approximately 115 km from Dubai, after collapsing from heatstroke. Despite receiving immediate medical attention, Shaun breathed his last on Sunday, September 15. 

He is deeply mourned by his parents and two siblings. The family, who had been residing near St. Mary's Church in the UAE, are grappling with the profound loss. Shaun’s father, Elias, works as a manager for a private company, while his mother, Pramila, is an accountant.

The local community has come together to offer their support and condolences in this time of sorrow.

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News Network
September 17,2024

Kalaburagi: Karnataka Home Minister G Parameshwara on Tuesday said that alleged role of "outsiders" belonging to the banned Popular Front of India (PFI) in the violence at Nagamangala will be examined and action taken based on the probe report.

Clashes broke out between two groups during a Ganesh idol procession in the town in Mandya district following which mobs went on a rampage targeting several shops and vehicles leading to tension on September 11 night.

"Everything will be examined, investigation will be done, on getting the report we will decide. We will not protect anyone, and unnecessarily no one will be punished. We will look into the facts based on the inquiry report and take action accordingly," Parameshwara told reporters here.

He noted that two officials -- Deputy Superintendent of Police and Inspector -- have already been suspended, and added that further action will be taken based on the report.

The Minister said the government has taken the Nagamangala violence seriously and there is no question of taking such incidents lightly. "BJP makes such allegations, but we too have responsibility, we don't take anything lightly."

On allegations that "outsiders" were involved in the violence, Parameshwara said if inquiry reveals complicity of such elements, it would be examined and action taken accordingly.

Regarding claims that those belonging to the banned PFI were involved, he said: "It will be known from the probe."

On demand for a National Investigation Agency (NIA) probe into Nagamangala violence by BJP which alleged "failure" of state's home department, Parameshwara said: "they keep saying such things, we will not listen to all that."

According to police, an argument had broken out between two groups, when the procession by devotees from Badri Koppalu village reached a place of worship on September 11, and some miscreants hurled stones, which escalated the situation.

Following the clashes between the two groups, a few shops were vandalised and goods torched and vehicles set on fire, they added.

To allegations from some BJP leaders that the party MLA Munirathna was arrested "hurriedly", Parameshwara said, police acted after the complaint was given, "what's wrong in that?"

Munirathna, who represents Rajarajeshwari Nagar Assembly segment here, was picked up from Nangli village in Kolar’s Mulbagal on Saturday evening on charges of harassing a Bruhat Bengaluru Mahanagara Palike (BBMP) contractor for bribe, casteist slurs on a former corporator, and also cheating, criminal intimidation and insulting a woman’s modesty.

Asked about "illegal items" seized from the prison here recently by officials, he said an investigation has begun on this.

When a photo of actor Darshan Thoogudeepa, who was lodged in Parappana Agrahara Prison here, hanging out with other inmates surfaced recently, action was taken based on the probe report and eleven officials were suspended.

"I will look into recent seizures made too and action will be taken; also probe is on at other prisons in the state and action will follow if anything wrong is found," the Minister added.

Police raided the high-security wing of Parappana Agrahara Central Prison here on Saturday and seized smartphones and other illegal goods.

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News Network
September 9,2024

Mangaluru, Sept 9: An action committee has voiced concerns about the construction of a new toll plaza near Sooralpady Masjid on the Mangaluru-Moodbidri-Karkala National Highway 169, 17 km from Nanthoor. Amidst ongoing construction, the Action Committee Against Surathkal Toll Gate claims irregularities and poor site selection.

Committee convener Muneer Katipalla noted that only 50% of the Nanthoor-Moodbidri-Karkala highway upgrade is complete after seven to eight years. The Nanthoor-Vamanjoor stretch remains unfinished, causing traffic issues, while dangerous hillside cutting near Kettikal has forced residents to relocate. Additionally, a flyover near Kaikamba threatens a local market.

Katipalla also criticized the construction of a bypass road, alleging it benefits real estate investors and inflates the project cost, which could increase toll fees. The proposed toll plaza, situated 36 km from Talapady toll gate and 35 km from Brahmarakotlu toll gate, violates distance regulations and is too close to local amenities, raising public objections.

There is growing concern that toll collection might begin before the project's completion, with locals frustrated by unaddressed grievances. Social activist Bava Padarangi, DYFI leader Srinath Kulal, and other community leaders attended the site visit.

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