M'lore air crash: SC notice to AI, Centre on compensation plea

Plea seeks minimum Rs 75 lakh compensation for each of the 158 victims

PTI | January 3, 2012



The supreme court on Tuesday issued notices to the centre and Air India on a plea seeking minimum Rs 75 lakh compensation for each of the 158 victims of the May 2010 Mangalore air crash.

A bench headed by justice Dalveer Bhandari asked the centre and the national carrier to file their response and fixed the matter for final hearing in April.

The court passed the order on a petition filed by Mohammed Rafiq Salam, who had lost his son in the crash.

Salam's son was working in Dubai and was coming home a month after his sister's wedding.

Salam approached the apex court challenging the verdict of a division bench of Kerala High Court which had set aside a single judge order directing Air India to pay a minimum compensation of Rs 75 lakh to the families of each of the victims.

Senior advocate Harish Salve, appearing for the petitioner pleaded the court that the victims' families should be compensated according to the Montreal Convention to which India is a signatory.

According to the Montreal Convention, the petitioners are entitled to have one lakh SDR (Special Drawing Rights) compensation. SDRs are issued by the International Monetary fund and covert to nearly Rs 75 lakh.

One hundred and fifty-eight passengers and crew onboard the Air India aircraft from Dubai were killed when the plane caught fire after one of its wings hit a hillock at Kenjar in Mangalore on May 22, 2010.

In July 2011, a single judge bench of the Kerala High Court, while hearing Salam's plea, had held that the carrier was liable to pay no fault liability of one lakh SDR to the petitioner.

Noting that India was a signatory to the Montreal Convention, the single judge bench had 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."

"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 had held.

The order was set aside by the division bench of the high court on an appeal by Air India. The division bench had held that the airline was liable to pay only actual damages proved by the claimants in case of death and the victims in case of injury.

The liability can be determined through negotiated settlement or by civil court of competitive jurisdiction, the bench had held.

The division bench, while setting aside the order of the single judge, had said that the national carrier as a matter of goodwill should offer a "reasonable minimum", even if the actual damages payable in law is low, so that unnecessary litigation can be avoided. If no settlement is possible, actual damages can be determined by the civil court, the division bench of high court had said, while directing AI to pay compensation reasonably estimated by the attorneys irrespective of whether there is settlement or not.

Comments

 

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter