21 July 2011

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Kerala High Court orders Air India to pay damages of Rs.75 Lakh each to Mangalore Air Crash victim’s families

22 May 2010 –
Air India Express (budget airline of AI) Boeing 737-800 aircraft from Dubai carrying 166 people crashed outside Bajpe Airport in Mangalore (Karnataka) and burst into flames after overshooting a table-top runway. Mangalore Air crash killed 158 Passengers.

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.

After this accident national carrier Air India (AI) and insurance consortium tried to settle the case offering compensation based on the income of the deceased.
Majority victims belong to low income group and thus compensation amount offered to them was ranging between Rs.15 Lakh to Rs.35 Lakh Maximum.

Abdul Salam, who lost his son Mohamed Rafi (24) in the crash, was offered compensation of Rs.35 Lakh only but Abdul filed a case in a High court as compensation offered was very less. They said that they are entitled to get Rs.1.5 Crore as damages as per International rules and norms.

Families of the deceased had floated an organization, Mangalore air crash victims' Families Association, to fight their case.

After that Kerala high court ordered national carrier Air India (AI) to pay Rs 75 lakh each to families of the Mangalore air crash victims.
The court directed Air India to pay the compensation in a month's time
Justice P R Ramachandra Menon said Air India was liable to pay the compensation equivalent to 1 lakh Special Drawing Rights (SDR).

The compensation is one of the highest to be paid by the airline.

Special Drawing Rights (SDR) is a kind of International Monetary Fund currency
The SDR is a mix of currency values established by the International Monetary Fund (IMF). As per the current value, one lakh SDR adds up to Rs.75 lakh.

The Montreal Convention, signed under the aegis of International Civil Aviation Organisation (ICAO) in 1999, establishes rules concerning compensation for the victims of air disasters. The convention protects passengers' rights to claim compensation from either the airline or a third party like insurance companies.
India has signed the Montreal Convention.

The payout would be distributed over one year and will cost the cash-strapped carrier about Rs 118 core.

The petitioners' lawyer, Kodoth Sreedharan, said, "The court has given a direction (to Air India) to pay no fault liability of 1 lakh SDR with the balance compensation (whatever is claimed) within a month."

Reality views by sm

Tag – News India Mangalore Air Crash Compensation Rs.75 Lakh Rs. 1.5 Crore


भारतीय नागरिक - Indian Citizen July 21, 2011  

Why should not the similar action be taken in the cases of victims of Rail Accidents and Road Accidents.

Kirtivasan Ganesan July 21, 2011  

More trouble for cash strapped AI. AI should form an alliance with banks to get financial support. And not from GOI.

Kirtivasan Ganesan July 21, 2011  

But for Kerala, tourism is not a priority like Rajasthan. In Rajasthan a tourist is welcomed, given assistance, guided etc. Not in Kerala. The place may be beautiful, but nope buddy, not a great idea.

sm,  July 21, 2011  

भारतीय नागरिक - Indian Citizen,
Here in this case they got good compensation because of International law only.
Rail and others should also get same type of compensation.

virendra sharma July 21, 2011  

sir ,kudos to the association floated by the victims .Air India itself is under decay,may crash anytime .Good post .

sm,  July 21, 2011  

Pushpendra singh, thanks.

jamos jhalla July 21, 2011  

Good |\\This Kind Of Compensation Should Be Granted To The victims oF Road ACCIDENTS

sm,  July 22, 2011  

jamos jhalla,

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