Mangalore Air Crash: Kerala HC Asks AI to Pay Rs 75 Lac Compensation to Victims


M'lore Air Crash: Kerala HC Asks Air India to Pay Rs 75 Lac Compensation to Victims

Daijiworld Media Network

Kochi, Jul 20: In what came as a huge relief to the families of those who perished in the 2010 Mangalore air crash that had claimed 158 lives, the Kerala High Court on Wednesday July 20 asked Air India to pay a compensation of Rs 75 lac each to the victims' kin.

The order came after a hearing of the petition filed by Abdul Salam and Ramla, parents of B Mohammed Rafi who was killed in the crash.

Justice P R Ramachandran Menon who passed the order directed Air India to pay the compensation within a month's time. Totally, the compensation will amount to Rs 124 crore.

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

The air crash, one of the worst in Indian aviation history, left 158 dead, including the pilot and crew. Of them, 53 were Keralites. The plane overshot the runway and caught fire after one of its wings hit a hillock before landing at Kenjar in Mangalore.

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 lac SDR (Special Drawing Rights equal to Rs 75 lac) 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."

With PTI inputs

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Comment on this article

  • Chris, Bombay / USA

    Sat, Jul 23 2011

    This is just the beginning, you demand compensation to these victims, what about the victims dieing due to road accidents? no one says any thing then, Lets hold every one accountable, buss drivers, lorry drivers and very soon it will be like USA you think twice to "fart" for some one will sue you for releasing "toxic" gas
    Be careful what you wish for "you might get it"
    Regards
    Chris.

    DisAgree Agree Reply Report Abuse

  • A. S. Mathew, U.S.A.

    Fri, Jul 22 2011

    The heartbroken relatives atleast
    getting a relief in their financial stress is highly
    consoling. What the High Court of
    Kerala did was absolutely correct.

    While other newly formed airlines
    of India are growing fast and
    expanding their routes to foreign
    countries, the government owned
    AI is struggling to survive with
    an extremely heavy load of debt
    and disorderly service along with
    plenty of unhappy employees and
    thousands of dissatisfied customers. Get rid of this
    "white elephant" in any way
    possible.

    DisAgree Agree Reply Report Abuse

  • Mohd, Kasaragod

    Thu, Jul 21 2011

    finally Kerala lobby helped for the poor victims.

    DisAgree Agree Reply Report Abuse

  • Hamdan, Katapady / Dubai

    Wed, Jul 20 2011

    Good that families will get compensation. But What they lost is lost, families will miss their loved ones.

    DisAgree Agree Reply Report Abuse

  • satish Naik, vitla/Dubai.

    Wed, Jul 20 2011

    Thats why we people are demonding PVT airlines like, kingfisher, emirates airlines for good servise.Please stop the monopoly.

    DisAgree Agree Reply Report Abuse

  • Mohammed, dubai/managalore

    Wed, Jul 20 2011

    its a shame on the govt of karnataka, the crash was in managalore and the govt of kerala is more concern about the people. we all should think 1000 times before me elect morons to rule the state.

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  • diana, udupi

    Wed, Jul 20 2011

    nxt ai india move to supreme court

    DisAgree Agree Reply Report Abuse

  • Balwan, Bantwal

    Wed, Jul 20 2011

    Dear Jaimini,
    Air India not paying from their pocket.They recovered all 3tiers amount and planning to distribute them selves. Which blocked by victims family.

    That is the truth.

    DisAgree Agree Reply Report Abuse

  • Jaimini P.B., Manipal,Sharjah

    Wed, Jul 20 2011

    How can you expect Air India to pay Rs 75lac compensation when it is not in a position to pay salary to employees in time. Now,Air India Pilots/employees are going on strike very often.I think verdict is only ON PAPER. Air India can't give justice to victims.

    DisAgree Agree Reply Report Abuse

  • sarfraz shail, KRISHNAPURA

    Wed, Jul 20 2011

    SHAME ON KARNATAKA HIGH COURT(KARANTAKA GOVT) ...THE INCIDENT TOOK PLACE IN MANGALORE AND KERALA HIGH COURT IS TAKING KEEN INTEREST IN GETTING THE COMPENSATION TO FAMILIES OF THE VICTIMS,,,GOOD ONE BY KERALA GOVT...

    DisAgree Agree Reply Report Abuse

  • Louis D'Souza, Udupi/Kuwait

    Wed, Jul 20 2011

    Air India must pay this amount. May be the Insurance co. will bear this and pay to Air India.

    DisAgree Agree Reply Report Abuse

  • Inthu, Basrur / UAE

    Wed, Jul 20 2011

    Well done.. good move from kerala high court....

    DisAgree Agree Reply Report Abuse


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Title: Mangalore Air Crash: Kerala HC Asks AI to Pay Rs 75 Lac Compensation to Victims



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