HC declines to review Mangalore air crash ruling

September 30, 2011

aircras

Kochi, September 30: A petition requesting the Kerala High Court to review its earlier order giving Air India (AI) a free hand in settling the compensation for Mangalore air crash was dismissed on Thursday.

On August 25, a division bench headed by Justice CN Ramachandran and Justice PS Gopinathan had quashed the earlier single bench order asking AI to pay Rs 75 lakh as compensation for each of the deceased, while dismissing another appeal by relatives who maintained that the Rs 75 lakh compensation ordered to each of them was not enough.

Only seven passengers survived after an AI Express flight from Dubai with 166 passengers crashed after overshooting the runway at Mangalore's Bajpe airport in May last year.

The review petition was filed by Arikkad Abdul Salam from Kumble, whose son died in the accident, after the division bench not only

declined their contention that Rs 75 lakh is the minimum compensation but also declared invalid the single bench order that ordered for Rs 75 lakh to be paid as compensation.

After the division bench order in favour of AI was announced, some of the relatives of victims have moved towards settling for the first available offer from the company.

Patricia, a relative of a victim, had approached the HC with a petition for a direction to allow her to accept the admitted amount of Rs 35 lakh as compensation.

The division bench had found that compensation is unlimited in air crashes, as claimed by the relatives, but ruled that carriers are liable to pay only for actual damages proved by the claimants as per Montreal Convention of 1999.

The single bench order was quashed after the court noticed that the air carrier has paid an average compensation of Rs 80 lakh for death, with minimum compensation of Rs 25 lakh and maximum compensation being Rs 7.75 crore.

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News Network
November 28,2024

Mangaluru: In a heartbreaking incident, three first-year nursing students drowned in the Phalguni River near Barkaje dam, within the Venoor police station limits, on Wednesday evening.

Preliminary reports identify the deceased as Lawrence from Moodbidri, Suraj from Belthangady, and Jaison from Vagga in Bantwal.

According to police sources, the tragedy occurred around 5:30 PM. The group of friends had gathered at a friend's house to celebrate a church feast. After lunch, five of them decided to visit the river near the dam for a swim.

While in the water, two of the students were caught in the strong current. Jaison, attempting to rescue them, was also swept away. Fire and emergency services personnel, along with the police, rushed to the scene and retrieved the bodies.

This tragic event has left the community in deep sorrow.

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November 27,2024

Mangaluru: A five-year-long pursuit of justice continues for several youths from Dakshina Kannada who fell victim to a fraudulent food delivery job scam in Kuwait. The victims, lured by promises of lucrative overseas employment, now find themselves entangled in legal battles and financial ruin.

In a recent development, the Enforcement Directorate (ED) summoned the victims to its Mangaluru office as part of the ongoing investigation. The case, which dates back to May 28, 2019, was initially registered at the Mangaluru North police station based on a complaint filed by Usman, a resident of Jalligudde. His brother, Aboobakkar Siddique, was among the 34 victims duped by Manikya Associates, a recruitment agency operated by Prasad Shetty.

According to the complaint, the victims were promised jobs as food delivery executives in Kuwait with a salary of ₹40,000 per month. “I paid ₹80,000 to the agent and ended up spending seven harrowing months in Kuwait without any salary,” shared a victim who now works in construction. Another victim, now employed as a driver, said, “I dreamt of working abroad to support my family. I even pledged jewelry to pay the fees, but it took me years to recover financially.”

The victims allege that they were left stranded in Kuwait in January 2019 after completing all formalities. With no jobs and mounting expenses, their ordeal lasted seven months. They were eventually repatriated with the help of Indian expats and the Embassy of India in Kuwait, just two months after the complaint was filed.

The ED investigation is reportedly progressing, and victims said they were assured that their payments to the agent would be refunded soon. An ED official confirmed that efforts to ensure justice are ongoing.

For these youths, the pain of shattered dreams and financial losses has lingered for years, with many still struggling to rebuild their lives. As they await justice, their plight serves as a cautionary tale about the perils of fraudulent recruitment schemes.

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News Network
November 14,2024

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Bengaluru: The Prime Minister Narendra Modi led union government has requested the Karnataka High Court to direct the Mandya district administration and the state government to clear a madrasa operating within the premises of the historic Jama Masjid in Srirangapatna.

The Waqf Board, opposing this move, has claimed the mosque as its property and defended the right to conduct madrasa activities there.

The matter was brought before a division bench headed by Chief Justice N V Anjaria following a public interest litigation filed by a person named Abhishek Gowda from Kabbalu village in Kanakapura taluk. The petition alleged “unauthorised madrasa activities” within the mosque.

Representing the Central government, Additional Solicitor General of India for High Court of Karnataka, K Arvind Kamath argued that the Jama Masjid was designated as a protected monument in 1951, yet unauthorised madrasa operations continue there.

He noted that concerns over potential law and order issues have so far prevented any intervention. Kamath urged the court to direct the Mandya district administration to take action and vacate the madrasa from the mosque.

In defence, lawyers for the state government and the Waqf Board contested this request, stating that the Waqf Board had been recognised as the owner of the property since 1963 and, thus, conducting madrasa activities there is lawful.

After hearing both sides, the bench adjourned the case for further arguments, scheduling the next hearing for November 20.

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