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 17,2024

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Mangaluru: In an act of extraordinary selflessness, a young lecturer and mother, Archana Kamath, tragically passed away just days after donating a portion of her liver to a relative. She was 33.

Archana, who had devoted her career to shaping young minds as a lecturer at Canara College and most recently at Manel Srinivasa Nayak MBA College, was a loving mother to a four-year-old boy. Her sudden passing has left her family, students, and colleagues reeling in shock and grief.

The story of her untimely demise began when a relative of her husband, CA Chethan Kumar, required a life-saving liver transplant. 

With no other matching donors in sight, Archana stepped forward, her heart full of compassion. Her blood type matched, and without hesitation, she made the brave decision to donate a part of her liver—an act that would ultimately cost her life.

The surgery, performed 12 days ago in Bengaluru, seemed successful. Archana appeared to recover well and was discharged, bringing hope and relief to her loved ones. 

But just days after returning home, she suddenly fell ill and passed away on September 15 in a Mangaluru hospital. The cause of her sudden decline remains a mystery, compounding the sorrow of those who knew and loved her.

Her final act of love saved a life—the relative who received her liver is said to be recovering well. But Archana’s loss is felt deeply by her husband and their young son, who are now left to navigate a world without her warmth and strength.

As family and friends grapple with this tragic turn of events, Archana’s memory will live on in the hearts of those who knew her as a caring educator, devoted mother, and a woman whose ultimate sacrifice was made out of love.

The full story of her passing is still unfolding, and her untimely death has left an irreplaceable void in the lives of all who knew her.
 

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