Court orders AI to hike Mangalore crash compensation to Rs 75 lakh

July 20, 2011

mangalore_air_crash_2

Mangalore/Kochi, July 20: The families of victims of the Air India Express crash in Mangalore last year are entitled to a minimum compensation of Rs 75 lakh each, the Kerala High Court held today.

Justice P R Ramachandran Menon passed the order while allowing a petition filed by Abdul Salam and Ramla, parents of 24-year-old B Mohammed Rafi, who was killed in the crash.

158 passengers and crew on board the Air India aircraft from Dubai had perished in the worst air disaster in the last decade, when the plane caught fire after one of its wings hit a hillock at Kenjar in Mangalore.

The brothers and sisters of the deceased are also party to the petition. Union government and National Aviation company (erstwhile Air India) are the respondents in the case.

There were 166 persons on board the flight IX-892, piloted by a Serbian national. Operating the Boeing 737-800, the pilot had first tried to land and later attempted to gain altitude.

The court held that the carrier was liable to pay no fault liability of one lakh SDR (Special Drawing Rights equal to Rs 75 lakh) to the petitioner. The SDR is a special currency issued by IMF. This is apart from whatever other compensation the petitioners are entitled to.

The petitioners prayed for a direction to settle the entire statutory claims made under the provision of the Air Act 1972 from the respondents on the death of Rafi. They had sought Rs 1.5 crore as compensation.

Noting that India was a signatory to the Montreal Convention, the court said, "It is clear that the intention of lawmakers was to bring about a parity in the matter of payment of compensation to the passengers, irrespective of class of travel, while providing for a 'two tier system' of compensation as adopted in Montreal convention."

The "first limb" of compensation as stipulated under Rule 21(1) of the Third schedule was with the said intent to provide the same as the "minimum compensation" payable in respect of death or the bodily injuries subject to the satisfaction of extent of damage, the court said.

"Since the extent of damage to any injury cannot be anything more than death", no further proof is necessary to have sanctioned the minimum compensation of "Rs one lakh SDR" in the case of death and this is the mandate of the Statute, it held.

The court said it was of the "firm belief" that Mohammed Rafi, who lost his life like the several others, was not liable to be discriminated by the respondents, restricting the compensation with reference to his age, income or the dependency of the members of the family.

The petitioners were entitled to have a "minimum of one lakh SDR" as compensation payable under the Statute based on the Montreal Convention treating the matter as "no fault liability" which can in no case be "absolved or limited by the carrier under any circumstances", it said.

About Rs 20 lakh has already been paid to the petitioners and the rest should be paid in a month's time, it added.

The petitioners said the deceased, working in UAE was returning home to Kumbala in Kasaragod in the ill-fated flight.

They said that the National Aviation Company Ltd, put forth an "unconscionable" demand, allegedly at the instance of their insurers, to come to a settlement for a total sum of Rs 35 lakh in full and final settlement.

Against this, the petitioners approached the High Court seeking a declaration and enforcement of their rights, referring to the mandate of the Montreal Convention.

The air crash was solely on account of lapse on the part of the pilot and in turn the sheer negligence of the National Aviation Company, they said.

The company filed a counter stating that the matter has to be dealt with as per the provision of the Carriage by Air Act 1972, as amended by Montreal Convention of 1999 to the exclusion of all other laws in force in India.

Referring to the fact that the deceased was aged 24 and was "employed as salesman in a supermarket, earning a salary of 2000 AED (RS 25,000 per month)", the maximum compensation was contended as much below Rs 35 lakh and accordingly the amount was offered as compensation payable in "full and final settlement", which was unacceptable to the petitioners.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
December 2,2025

karkala.jpg

Udupi, Dec 2: A wave of regional pride is sweeping through Udupi district as Shagun S Verma Hegde, a talented Class 9 student from Christ King English Medium High School, Karkala, has been named the captain of the Indian National Team for the Under-15 Girls’ Volleyball Championship.

Shagun holds the unique distinction of being the sole player from Karnataka selected to represent the country in the prestigious international tournament. The championship, organized by the School Games Federation, is scheduled to take place in Shangluo, China, from December 3 to 13, where Shagun will lead the national squad.

A Remarkable Journey to the Top

Shagun’s selection is a testament to her dedication and exceptional skill on the court. Her journey included several rigorous rounds of selection:

•    She was the only player from Udupi district to qualify for the state-level selection camp.

•    Out of eight players from Karnataka who advanced to the national selection camp in Pune, Maharashtra, Shagun was the only one to secure a place in the final national squad.

•    The national camp saw participation from approximately 200 players, which was shortlisted to 23. Shagun not only made the final cut but was also ranked as the second-best player overall, solidifying her leadership role.

Shagun, who is the daughter of Sandesh Verma and Shruthiraj of Kallotte, Karkala, has trained under experienced coaches Santosh D’Souza, Jeevan D’Silva, Jairaj Poojary, and Ramesh. Her selection as the team captain has brought profound honour to her family, school, the Udupi district, and the entire state of Karnataka.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 21,2025

Bengaluru, Nov 21: The Karnataka government is facing pressure to overhaul its employment system after a high-level Cabinet sub-committee recommended the complete phase-out of job outsourcing in government offices, boards, and corporations by March 2028. The move is aimed at tackling a systemic issue that has led to the potential violation of constitutional reservation policies and the exploitation of workers.

The Call for Systemic Change

With over three lakh vacant posts currently being filled through private agencies on an outsource, insource, or daily wage basis, the sub-committee highlighted a significant lapse. "As a result, reservations are not being followed as per the Constitution and state laws. It’s an urgent need to take serious steps to change the system. It has been recommended to completely stop the system of outsourcing by March 2028," the panel stated in a document.

The practice of outsourcing involves private companies hiring workers to perform duties for a government agency. Critics argue this model results in lesser salaries, a lack of social security benefits (otherwise available to permanent government employees), and a failure to adhere to the provisions of Articles 14 and 15 of the Constitution, which guarantee equality before the law and prohibit discrimination.

The 'Bidar Model' as a Stop-Gap Solution

To regulate the current mode of employment and reduce worker exploitation until the 2028 deadline, the government plans to establish workers’ services multi-purpose cooperative societies across all districts, following the successful "Bidar Model."

The Bidar District Services of Labour Multi-purpose Cooperative Society Ltd., which operates under the District Commissioner, is cited as a successful example of providing a measure of social security to outsourced staff. Labour Department officials argue this society ensures workers receive their due wages and statutory facilities like ESI (Employees' State Insurance) and PF (Provident Fund), in exchange for a 1% service fee collected from the employees.

legislative push and Priority Insourcing

The recommendations, led by the sub-committee headed by Law and Parliamentary Affairs Minister H K Patil, are set to be discussed at the next Cabinet meeting. The committee has proposed the introduction of the Karnataka Outsourced Employees (Regulation, Placement and Welfare) Bill 2025.

In a move addressing immediate concerns, Labour Minister Santosh Lad, a member of the sub-committee, has reportedly assured that steps will be taken over the next 2-3 years to insource workers in "life-threatening services" on a priority basis. This includes essential personnel like pourakarmikas (sanitation workers), drivers, electrical staff in the Energy Department, and Health Department staff handling contagious diseases. The transition aims to grant these workers the long-term security and benefits they currently lack under the outsourcing system. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 22,2025

Mangaluru: Police Commissioner Sudheer Kumar Reddy C H has warned of strict action against individuals spreading rumours and attempting to create insecurity within the Muslim community and fuel hatred between Hindus and Muslims through social media.

Referring to a recent social media post alleging that police personnel had entered a masjid premises to check whether beef was being cooked, the commissioner said miscreants were attempting to push their communal agenda. 

“A group of people, both from Mangaluru and abroad, are trying hard to spread rumours. For the past 10 days, they have been attempting to rake up old issues, highlight routine matters as controversies, or fabricate news altogether,” he said.

He reiterated that any such attempts to disturb communal harmony would invite legal action. “Cases will be registered and the accused will be brought to book,” he stated.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.