GLOOM AFTER THE THRILLER - அந்த சில நிமிடங்கள் பல மடங்காய் தெரிந்ததேன் ?

Dear (s)

It was time to go to bed – mothers were screaming at this children – but a few times when the head of the family has his say – they stayed put, holding their nerves with bated breath, praying in their lips for an improbable Indian win chasing 351 in floodlights at Deccan Hyderabad. Sachin crossed 17000 landmark (even Ashoka Desilva could not stop him this time) but Indians failed at the last hurdle. It was a remarkable solo but he got out at a crucial juncture, the rest choked and India fell short by 3 runs with 2 balls to go. The little master’s crackling innings of 175 off 141 was studded with 19 hits to the fence and four over it.

The Home Team bowled poorly with Munaf conceding 73 off 9; strike bowler Bhaji conceded 44 off 10 – but taking a solitary wicket. A score of 350 is never easy to chase especially under flood lights. Sachin innings was a remarkable exhibition of strokeplay and was the fastest century by an Indian against Aussies. Many in the jam-packed Rajiv Gandhi International stadium were close to suffering heart breaks seeing 697 runs being scored in a single day. The chase began in right earnest with openers racing to 66 –Viru scoring 38 off 30; then rained a vital 137 partnership with Raina. From a difficult 162/4 in 24 – India needed 52 from 45 when Raina departed. Bhaji did not trouble the scorers; Sachin’s leg cramps added to the misery. India needed 31 runs from the last 24 balls and then 19 from 18.

The chase was on, India was inching closer - batting power play was on – the first ball of 48th over by debutant Mckay saw a tiring Sachin scoop a shot over fine leg to Hauritz. Jadeja displayed immaturity and was run out; now the equation was brought down to 16 from 12 - Nehra also went. Eight off the last over – 4 was gotten, Praveen drove to long off but failed to beat a flat hard throw by Hauritz. It was gloom all over.

This 175 is the 3rd highest in defeat after Charles Coventry’s 194 & Haydens 181. India's total of 347 is the third-highest score in the second innings of an ODI, after South Africa's 438 for 9 in Johannesburg, and New Zealand's 350 for 9 in Hamilton. It is also the highest second-innings total in a defeat. Perennially cricket pundits would start saying without truth that India would lose, when sachin score; here is how it is far away from truth.

But one cannot hide the disappointment that way back in 1998-99 at our own city, Sachin left after an incredible innings needing 17, Indians crumbled and lost, tonight he left them stranded with 19 needed off 17. If only he could have guided them to victory and remained unbeaten, how different it would have been........................................

An avid fan
S Sampathkumar.

PLIGHT OF ROAD ACCIDENT VICTIMS - ACTION OF INSURERS AND GOVERNMENT

Dear (s)

Do you know the significance of third Sunday in November every year ? Two news items that featured recently in ‘Times of India’ offers a perplexing perspective.

With the increasing no. of vehicles, congested roads, speed, recklessness, urbanization, transport vehicles – accidents on the road are common place. Many of us have seen some accidents – death and injuries are not to be construed at medico legal phenomena alone. There are many profound psychological and social consequences apart from the death or the injuries. The sufferings can seldom be quantified in financial terms. More significant would be the horrific trauma caused to those bereaved by the sudden, unexpected snatching away of the bread winner.

With the development of civilization, act of negligence have become actionable wrong. In the English Law any person or the legal representative of deceased person who expired on account of negligent act of other can besides instituting criminal proceeding, recover damages under the Law of Torts. In days of yore, to give effective rights to the person injured or expired in an accident, Fatal Accidents Act, 1885 was enacted in India. This Act provided only a procedure and a right of named legal heirs to claim compensation from the person committing negligence. In 1939, Motor Vehicles Act, a statute consolidated the laws relating to motor vehicles. This has since been replaced by MV Act 1988. Chap IX of the Act deals with Insurance of Motor vehicles against Third party risks. Sec 146 specifies the necessity for insurance against TP risks but sub sec (2) exempts vehicles owned by Govt as also State transport undertaking. The requirements of policies and limits of liability are specified in Sec 147. Sec 149 deals with the Duty of the Insurers to satisfy judgments and awards against persons insured in respect of TP risks. Many of you would be aware of the restricted liability for Insurers in vogue in the earlier Act.

Claims Tribunal have been set up in accordance with the statute and the injured or the legal representatives of deceased can file claim application in MACT. No limitation has been prescribed for filing of the claim application though initially when law was enforced it was 6 months, ultimately in the garb of welfare legislation the provision of limitation has been deleted. There are lot of assumptions which go in to the assessment of compensation and there is all possibility of variance from Judge to Judge in applying the various principles enunciated by the Courts from time to time.

There have been fanciful and fabulous awards and recently a MACT awarded a compensation of Rs.2.23 crore against Oriental Insurance to two brothers who lost their parents and elder sister in a truck accident at Muzaffarnagar on 30.12.2004.  Elsewhere, the Delhi High Court in Aug 2009 awarded compensation of Rs.2.3 million to the family of man killed in road accident involving an autorickshaw in Sept 1988.

It was briefly reported in Press that the Centre is working on a plan for a cashless system whereby the government would bear all medical expenses during the first 48 hours of hospitalization of road accidents, which would be a very welcome move and would immensely benefit victims who have no relatives around to take care and pay for their medical expenses at the time of an accident. There have been bogus claims also before the various MACT

The first is the news item of concern to all Insurers that appeared on 26.10.09 : PSU insurance firms pay Rs 4,000cr/yr to accident victims

This spoke of the high death toll on India's highways bleeding its insurance firms. Going by statistics PSU Insurers reportedly paid out a whopping Rs 4,000 crore every year since 2007 to settle compensation amounts awarded by the Motor Accidents Claims Tribunal. The report mentioned that Insurers earned a measly Rs 15 lakh in premium from the policy holders on whose behalf it made the payouts. In effect, the public sector insurance firms had dished out Rs 12,000 crore in compensation to road accident victims during the last three financial years. This could well be the tip of the iceberg as companies settle only one lakh cases every year and more than 11 lakh claims are still pending before the MACT.

The burden keeps increasing as it takes nearly a decade many a times before the final order is pronounced and the Insurers have to pay the principal + interest on it from the day the claim was filed. Nearly 40,000 people are killed in road accidents in India every year and one and a half lakh are injured. There have been steady increase in % of the TP cases but the premium is not growing proportionately.

Quoting Ministry of Road Transport and Highways, the newspaper had mentioned the amounts paid as :

2006-2007-------------Rs 3,741 crore

2007-2008-------------Rs 3,865 crore

2008-2009-------------Rs 3,975 crore

Whilst this is one side, the other side was represented in Times of India (2nd Nov 09) which states that Over 11,000 Families Waiting For Compensation since many years.

This report states that Speeding state transport corporation (STC) buses are not just among the worst killers on the roads, they are also the biggest defaulters when it comes to paying compensation to accident victims. The STCs in Tamil Nadu owe a whopping Rs 323.96 crore in compensation to 11,233 victims and their families, based on information obtained under the Right to Information Act. The report states that STCs have not settled compensation amounts of Rs 18.61 crore awarded by the Madras High Court and a startling Rs 305.14 crore ordered by the accident tribunals.

Some hapless families of accident victims, like Palanichamy Gounder, have been waiting for compensation for 28 years now. “ Palanichamy Gounder died in 1981 after being hit by a bus; his family is yet to get compensation. The transport corporation of the Villupuram-Kancheepuram region is the top defaulter, with dues of Rs 103.95 crore. Next comes the Kumbakonam region with Rs 43.48 crore. The Metropolitan Transport Corporation in Chennai is not far behind, with an amount of Rs 33.5 crore yet to be paid”. This makes agonizing wait for several families. The hapless victims struggle to make their ends meet after long years penance in court and after pronouncement of decree in their favour. The Law was meant to guarantee an appropriate and immediate compensation to road accident victims. When Govt. who should be protecting them defaults, where can go pleading ?? would not the purpose of the welfare legislation itself be defeated, if victims are denied their rightful due.

Agonisingly, In Krishnagiri,(a Dist. In Tamilnadu) months ago, a court asked the families of two accident victims to take away the bus of a transport corporation till the compensation was paid. Despite the lower courts in the state taking a stern view of the tardy release of compensation, most transport corporations have not come up with a plan to clear their dues. 

These reports have far reaching consequences. On the one side, Insurers are saddled with high awards and increased costs. Time would be ripe to provide a right of proper contest for the Insurers to mitigate fake cases and the quantum of compensation. There also needs some thinking on fixed structured compensations as in the case of Rail or airways. The payment of compensation based on the vehicle does not appear equitable as the intention of the legislation was to provide just compensation.

Just in case, you remembered the Question at the beginning, Third Sunday of every November is marked at “United Nations world Day of Remembrance for Road Traffic Victims’. In some countries, candle light parades, gatherings, seminars and theatre performances are conducted on this day as acknowledgement of victims of road traffic crashes and their unfortunate families.

Look forward to your views and feedback

With regards

S Sampathkumar

EERIE THING AT JHARGRAM - இப்படி எல்லாம் கூட நடக்குமா ? ரயிலையே தூக்கி செல்ல முடியுமா !!!

Dear (s)

I had earlier shared some concerns and some news arising out of Piracy – which is a war like act committed by private parties (not affiliated with any government) that is engaged in acts of robbery and/or criminal violence at sea. The term can include acts committed in other major bodies of water or on a shore. Somalian Pirates continue to be in news - after the biggest seizure of super tanker Sirius Star, the thugs have reportedly captured a yacht with a British man and woman aboard, with the aim of holding them to ransom.

The pirates are no longer wayward thugs and goons – now they run sophisticated operations using the latest hi-tech equipment such as satellite phones and GPS. They are also heavily armed with rocket-propelled grenades and AK-47s. The pirates are known to receive tip-offs from contacts at ports in the Gulf of Aden. They use speedboats with very powerful outboard motors to approach their target. Sometimes the speedboats are launched from much larger "mother ships" on the high seas. A matter of grave concern for the Shipping industry and to the Insurers, the IMB says there has been an "unprecedented increase" in Somali Pirate activity in the first nine months of 2009. So far, there have been 147 incidents in the waters off the Somali coast and in the Gulf of Aden, compared with 63 for the same period last year. A total of 533 crew members have been taken hostage. The IMB also says the pirates appear to have "extended their reach, threatening not only the Gulf of Aden and east coast of Somalia, but also the southern region of the Red Sea, the Bab el Mandab Straits and the East Coast of Oman".

Whilst some may not have a passing attention to this, here is something back at home which worried all.

Bharatiya Rail (Indian Railways) is one of the largest and busiest rail networks of the World, transporting over 18 million passengers and more than 2 million tonnes of freight daily. It is really an amazing network, traversing the length and breadth of the country covering 6,909 stations over a total route length of more than 63,327 kilometres. From introduction in 1853, IR has come a long way with 16 Zones. Each zonal railway is made up of a certain number of divisions, each having a divisional headquarters. There are a total of sixty-seven divisions.

Though there have been some terror activities aimed at disrupting the network and threatening the lives of the commuters, the one that happened to Rajdhani Express on Tuesday (27/10/09) at a nondescript station near Jhargram is absolutely perplexing. This is 155 kms off Kolkatta and closer to Antapani jungle.

Hijacking of aircrafts have been known. But somebody taking control of such a big train with Engine and many bogies and holding passengers to ransom is rather unthinkable but plain truth. In the drama at Banstala in the Jhargram-Kharagpur section, the Maoists and their supporters wrote the script, cocking a snook at the Railways under Mamata Banerjee and the Buddhadeb Bhattacharjee government and the Odishan Govt on tenter hooks. The Rajdhani Express was intercepted by a 1,500-strong mob at 2.35 pm and its driver and his assistant were taken hostage. Armed men then called the shots, demanding among other things the release of Chhatradhar Mahato of the Maoist-backed People’s Committee Against Police Atrocities (PCAPA) — the seizure of the train came a day after the PCAPA announced it would resort to an armed struggle to achieve its goals. After several tension filled hours, at 10.10 pm, the Rajdhani Express finally resumed its journey ending the ordeal of panic stricken relatives of passengers.

This is a national shame and the issue will have political ramifications. This should not be forgotten as days pass by. Those at the helm of affairs need to rein in things and run Govt benefitting the common man.

In Europe, Cereal brand Quaker has begun using electric train services to ship goods from its factory in Cupar, Scotland, to its depot in Lutterworth, Leicestershire as part of move to reduce carbon emissions. Elsewhere France & Italy have inked agreement to link up Alps rail 'motorway' which has been transporting truck-trailer units on low bed rail wagons between France and Turin, a distance of around 175 kms with round trips daily.

With regards - S Sampathkumar.

A new word and some update on Pak cricket

Dear (s)


Not many of you would be following up the Champions League as it entered its next phase - with an interesting super over result. Lot happened at Pakistan after the Champions Trophy.


----- but before all that the word in the caption "triskaidekaphobia" - a noun meaning ‘fear or phobia concerning the number 13’. It might strike one to ask what is there in a number. This word is from Greek tris meaning 3 and deka meaning "10" + phobos: fear. The fear of no. 13 is number commonly associated with bad luck in Western culture. Though the fear is traced back to olden days, the word appears to be of recent origin reportedly coined during 1911 and having appeared in New Yorks time article in 1953.


Triskaidekaphobia also may be related to Norse mythology, which tells how the god Odin invited eleven of his closest friends to a dinner party at his home in Valhalla, only to have his party crashed by Loki, the god of evil and turmoil, thus giving a total of 13 people. Past disasters linked to the number 13 hardly help triskaidekaphobics overcome their affliction. The most famous is the Apollo 13 mission, launched on April 11, 1970 (the sum of 4, 11 and 70 equals 85 - which when added together comes to 13), from Pad 39 (three times 13) at 13:13 local time, and struck by an explosion on April 13. It is also widely circulated that seemingly ingrained case of triskaidekaphobia, forced managers to impose the bizarre, '13-free' numbering system on its flights. Some famous historic persons are reportedly triskaidekaphobes which would include Napoleon, Mark Twain, Richard Wagner and Franklin Roosevelt.


One would like to pooh pooh this as superstition and not a notion based on reason, knowledge or experience. There is yet another phobia combining the no. 13th with day Friday and it is called paraskevidekatriaphobia or friggatriskaidekaphobia.



Why bad luck should be associated with a common week end day is ......... some have tried to list out events of Hurricane Charlen in 13/8/2004; the storm that struck Buffalo, NY on 13/10/2006; Continental Flight 3407 crashin ginto a house at NY on 12/02/09, Asteroid 2004 , Andes Plane crash of 1972 and hurricane sinking manhy ships at Havana Cuba way back in 13/2/1733. Lot can be read into coincidences !!!



Coming back to my pet topic lot more is being forced into the match between Pak and Aussies - the match most Indians wanted Pakis to win. (Read my earlier article : when Indians wanted a Paki win here)



Chasing a modest 206 for a victory and easy entry in to Semis, Aussies started well, were 59 for 2 and cruised to 150 and were 157 for 3 in 36 overs which meant 49 runs in around 80 balls with 7 wickets in hand. The end result had Punter chewing all his nails due to the improbable aussie middle order failture but scampering home off the last ball. That match effectively ended the Indian challenge securing a first round elimination. Pak qualified well but succumbed to Kiwis in the next match.



In cricket crazy Nations, lot more is read and understood. There were incendiary report somewhere that Paki loss was much intentional to keep India out. This had no credence but germ perhaps had been planted. This was picked up by Pak’s hyperactive media big on headlines. The head of Pakistan's national parliamentary committee on sports has accused the team of deliberately losing to Australia and called for changes in the national cricket board. It had its repercussions even in the Pak Parliament and the captain Younis promptly, in a temperamental rage announced his resignation. To many Younis was the most fascinating personality at the Champions Trophy, endearingly honest, open and refreshing. Broadly speaking, he was thought to be a good, calming influence on the side. That message seems not to have reached Pakistan.


In a game which is to be fought on field, Pak always had its share of controversies off the field also. Remember the death of Bob Woolmer, the coach during the World Cup at West Indies and mysteries that shrouded his death. There was a shoot out at the Lankan team which pushed them to abysmal depths. Efforts were made to overcome all this but whatever was achieved by the recent commendable performances in the T 20 WC and Champions trophy, seem to be going down in the drain once again.






With regards - S Sampathkumar