Association demands govt. to appoint special judge for compensation case

September 18, 2011

Mangalore, September 18: The members of Mangalore Air India crash victims' Families Association have demanded the government to appoint a special judge to hear the compensation case between Air India and the legal heirs of victims of last year's aviation disaster.

A meeting organised by the Association here on Sunday to discuss its next course of action, concluded with a resolution to go ahead with the legal battle for a 'just compensation'.

The meeting comes in the wake of recent judgement of a divisional bench of the Kerala High Court, which overturned a single judge's verdict holding that Air India was bound to pay a minimum compensation of one-lakh Special Drawing Right (SDR), roughly Rs.75 lakh, each to the legal heirs of the victims.

The single judge's verdict had come on a writ petition filed by Kasargod based Abdul Salam, whose 24 year old son B Mohammed Rafi was killed in the crash.

Abdul Salam's lawyer Kodoth Sreedharan, who was present at the meeting, said that the former has already filed a petition before Kerala High Court seeking to review its recent judgment upholding Air India's appeal.

“The judgment on review petition is expected soon, following which we will decide on our next course of action after” Mr Sreedharan said, adding that if the judgment remained unchanged, the door of apex court is always open.

He pointed out that the divisional bench's judgment ignored the convention, statutes and principles of no fault liability. “It (judgment) defies basic common sense,'' he added.

Soon after the divisional bench's judgment on review petition, the Association would convene another meeting to take a final decision, said Mohammad Beary, president of the Association.

“In Sunday's meeting, the Association has taken few important decisions including demanding the government to appoint a special judge to hear this case”, he said.

Stating that Abdul Salam's case is crucial for the Association, he said all the legal heirs of crash victims would move the apex court, if it was necessary, as it would be difficult for a single person to take the legal battle against mighty Air India to the highest level.

The Association has urged all the legal heirs of the crash victims to come forward to share the expenses required to continue the legal battle.

Till date, the AI counsel has settled 62 cases and partially settled six claims at Rs 50.96 crore. Of the 62 cases, 22 have been settled for more than one lakh SDR. In the rest of the cases below one lakh SDR there are children also.

An Air India Express flight from Dubai overshot the Mangalore table-top runway and fell off a cliff while landing on May 22, 2010, killing 158 people. The flight's cockpit voice recorder data showed that the instrument had picked up snoring sounds indicating that the Serbian pilot Captain Zlatko Glusica had slept off for about 90 minutes and failed to pull up the plane after it lost control. He also ignored advice of his co-pilot.


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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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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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September 20,2024

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New Delhi: The Supreme Court today sought a report from the Karnataka High Court over controversial remarks made by Justice Vedavyasachar Srishananda during a recent court hearing.

Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. 

A five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

"Our attention has been drawn to some comments made by Karnataka High Court judge Justice V Srishananda during the conduct of judicial proceedings. We have asked the AG and SG to assist us. We ask the registrar general of the High Court to submit a report to this court after seeking administrative directions from the Chief Justice of Karnataka High Court. This exercise may be carried out in 2 weeks," the top court directed.

Videos of Justice Srishanananda have gone viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and on another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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