M'lore Air Crash: 147 cases settled, claims Nanavati

[email protected] (Deccan Herald)
April 28, 2012
Mangalore, April 28: With less than a month left for settling the payment of compensation to Mangalore air crash victims as per the Montreal Convention, a solicitor involved in the compensation negotiation has said that claims of 147 out of 158 victims families have been settled.

Mulla and Mulla and Craigie Blunt and Caroe Advocate and Solicitor Hoshang D Nanavati said that out of 147 cases, 116 have been settled in full and final basis and 25 cases have been settled as per the judgment of the divisional bench of Kerala High Court. The six pending cases have been settled partially.

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Declining to give out the details of the settlement like quantum of compensation, Nanavati only said claims of 147 air crash victims' families have been settled for Rs 107.35 crore.

The Montreal Convention of 1999 (XXI-Article 35), which has been enacted by our Country vide Carriages by Air Act along with all of the amendments has in it 'law of limitation', which sets a time limit for the families of the victims to file claims.

The time limit is two years from the date of the incident and in case of Mangalore air crash, the 'law of limitation' expires on May 22, 2012.

The Air India Express flight 812 from Dubai to Mangalore overshot the runway while landing at the table top Bajpe airport, about 20 km from Mangalore, and caught fire after plunging about 300 metres off a cliff on May 22, 2010. Answering a query whether there was a delay in settling cases as the deadline to sort out cases will end in May, Nanavati said that he does not think so. “We have been pro-active and we are going out of our way to come here. Many people who come do not have the complete documents, which has been a major setback for settlement,” he claimed.

“There has been no increase in the amount allotted for housewives. However, if the families can show that the housewives were earning some income, we can increase the amount,” added Nanavati.

He claimed that he succeeded in settling nine cases during the last three days and 13 more cases are pending. “We shall have to make another quick visit soon, to sort out the pending cases,” he said.

The Supreme Court on January 3, 2012, had issued a notice to the Central government and Air India on a petition seeking a minimum compensation of Rs 75 lakh each for the 158 passengers killed in the air crash.

An apex court bench issued the notice after senior counsel Harish Salve, appearing for petitioner S Abdul Salam and others, told the court that under the Montreal convention the national carrier was obliged to pay a minimum compensation of 100,000 SDRs (special drawing rights) to the kith and kin of the passengers who died in the crash.

The SDR is a mix of currency values established by the International Monetary Fund ( IMF). According to the current value, one lakh SDR working out to over Rs 75 lakh.


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News Network
September 12,2024

Mangaluru: Mayor Sudheer Shetty Kannur said that as a part of the International Day of Democracy, the Mangaluru City Corporation (MCC) will hold a 23-km long human chain and plant 1000 saplings in the Bengre area on September 15.

The human chain will be formed from Pavanje bridge to the border of Arkula, which will pass through Nanthoor Junction- Kannur Junction. The event is organised with the objective of creating awareness among the public, particularly the youth, about the significance of democracy. Around 10,000 people, particularly students, will participate in forming the human chain in the city limits, he told media persons.

He said Democratic system in India is a model to the world and we should be grateful to Dr B R Ambedkar for giving the country a beautiful constitution. To make the people, particularly the youth, aware of the Constitution and its preamble, the state government has chalked out a plan to form a mega human chain from Bidar to Chamrajnagar. As a part of it, the programme will be held in Mangaluru. Students from various schools, colleges, various organisations, NGOs should actively participate to make the event a grand success.”

The Mayor said as a part of the celebrations, an arch will be built at Pavanje bridge and Kannur Junction. The Zonal office at Surathkal will be decorated with tri colour along with KPC Circle, Nanthoor Junction, Padil Junction. The main programme will be held at Kadri Circle near Circuit House in Mangaluru, which will be attended by DK MP Capt Brijesh Chowta, MLAs D Vedavyasa Kamath, Dr Y Bharath Shetty, DC Mullai Muhilan MP and others. Flags will be placed for every 100 metre of the human chain stretch. The participants can click their photos and upload it through https://democracydaykarnataka.in/ to collect a certificate, added the mayor. 

The human chain will be held from Pavanje to Mukka checkpost, Mukka chepost to Mukka Junction, Mukka Junction to NITK gate, NITK gate to Tadambail Junction, Tadambail Junction to Hotel Suraj, Hotel Suraj to Govinda Dasa College, Govinda Dasa College to Kordabbu Daivasthana, Hosabettu, Kordabbu Daivasthana to Honnakatte Junction, Kulai to APMC, Baikampady, Hotel Vishwasagar to Mangaluru traffic police check post , Mangaluru traffic police check post to Panambur circle, Panambur Circle to NMPA railway track, MCF to Kuloor bridge, Kuloor bridge to Gold Finch ground, Gold Finch ground to Kottara Chowki, Kottara Chowki to BMS Hotel, BMS Hotel to SKS apartment, KPT to Saptagiri petrol bunk, Nanthoor Circle to Kaikamba, Maroli Jodukatte till Padil Circle, Padil to First Neuro Hospital – Kannur Junction, Adyar Katte to Sahyadri College, Sahyadri College to Expert Cross (Valacchil), Express Cross to Arkula border.

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News Network
September 24,2024

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The Karnataka High Court on Tuesday dismissed the petition filed by Chief Minister Siddaramaiah against Governor Thawarchand Gehlot's decision to sanction the complaint and investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam case.

Justice M Nagaprasanna said the facts narrated in the petition would undoubtedly require an investigation.

The court has also said that the Governor's order approving sanction to investigate against Siddaramaiah under section 17A of the Prevention of Corruption Act does not suffer from application of mind, instead has abundance of application of mind.

Meanwhile, the court rejected the request made by senior advocate Abhishek Singhvi to stay the order of the court. The court has vacated the interim order passed on August 19. In the interim order the trial court was directed not to take any precipitative action against Siddaramaiah. On August 17, Governor had approved sanction under section 17 A  of the Prevention of Corruption Act and Section 218 of Bharatiya Nagarik Suraksha Sanhita ( BNSS), citing three applications.

The court said the private complainants were justified in registering the complaint and seeking approval from the governor.

Insofar as private complainants seeking sanction under section 17A, the court said the provision nowhere requires only a police officer to seek sanction from a competent authority. The court further said it is in fact the duty of the private complainants to seek such approval.

Earlier, The High Court had completed its hearing in the case on September 12, and reserved its orders. It had also directed a special court in Bengaluru to defer further proceedings and not to take any precipitative action against the Chief Minister.

The case pertains to allegations that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru that had higher property value as compared to the location of her land that had been "acquired" by MUDA.

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News Network
September 19,2024

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Mangaluru, Sep 19: Following the recent Nipah virus-related fatalities in Kerala, health authorities in Dakshina Kannada are taking proactive measures to monitor for potential cases of monkey fever. While typically found in African countries, monkey fever has raised concerns within the district, prompting increased vigilance.

To ensure early detection, travelers arriving at Mangaluru’s international airport and local ports will undergo health screenings. Additionally, a dedicated ambulance has been placed on standby for any emergent cases, and Wenlock Hospital has set aside a special ward with six reserved beds specifically for monkey fever patients.

"We currently have no confirmed cases of monkey fever in Dakshina Kannada, and there are no direct orders from the state government," said Dr. Timmaiah, the District Health Officer. "However, we are taking preventive measures, including continuous screening of incoming passengers. A special meeting is also being planned to discuss future action steps."

Dr. Timmaiah further highlighted the rise in general viral infections following the region's recent shift in weather patterns. "With the decline in rainfall, we are seeing an uptick in viral cases, particularly fevers accompanied by cough, cold, and throat pain, especially in children. Though Mangaluru has experienced mostly sunny weather, occasional rain at night has contributed to the spread of illnesses. It’s crucial for the public to remain vigilant and take preventive measures."

Health officials are urging residents to seek timely medical advice and follow recommended precautions to mitigate the spread of infectious diseases.

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