10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

News Network
May 21, 2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
February 4,2020

Shivamogga, Feb 4: Students of a government primary school which is built especially for the children of manual scavengers, have been facing tough times during classes as the filthy drainage passing through the school premises excrete human excreta and sludge.

The drainage passes through GSPL Scavenger's Colony School in Shivamogga city, located behind the state road transport corporation's bus stand (KSRTC).

According to the locals here, students studying in this school often fall sick due to the waste flowing from the drainage.

Penchelayya, the father of a child who studies in the same school said, "Human excreta floats in the drainage as it is connected to two toilets. The school stinks and students often fall sick due to the drainage."

The students studying here are unable to bear the foul smell emanating from the drainage which flows at the school's premises.

He added that waste from private bus stands is dumped in this drainage which ultimately flows here creating an extremely unhygienic environment for the people living here and students studying in this school.

He further claimed that the government is not ready to listen to their grievances.

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News Network
March 29,2020

Bengaluru, Mar 29: There was no shortage of masks and testing kits for detecting coronavirus cases in Karnataka and the government would import them if a need arose, Chief Minister B S Yediyurappa on Sunday said.

Apprising leaders of political parties on measures taken by his government to combat spread of coronavirus, he also told an all-party meeting that the government has decided to provide life insurance cover to police and civil workers and has taken extra precautions to maintain supply of food grains.

"There is no shortage of testing kits, medicines and masks. If there is need, we will import more... We will distribute testing kits to all the district and Taluk hospitals," he was quoted as saying in a government release.

The state has so far reported 76 COVID-19 cases including three deaths and five discharges.

At the meeting held in the Vidhana Soudha here, former chief minister and senior Congress leader Siddaramaiah said there were shortcomings in the screening of passengers coming from abroad and stressed on the need to maintain supply of essentials.

Yediyurappa said supply of foodgrains would be made through Public Distribution System and the government had taken extra precautions to avoiod any difficulties.

He told the leaders that there was no restriction on agriculture activities in the state.

"I have been regularly holding meetings since March 13 regarding the measures taken to contain the transmission of COVID-19," the chief minister said.

Health Minister B Sriramulu, Medical Education Minister Dr K Sudhakar, IT-BT Minister C N Aswath Narayan, Deputy Chief Minister Laxman Savadi, Siddaramaiah, JD(S) MLAs H D Revanna, D K Shivakumar and former speaker K R Ramesh Kumar attended the meeting.

Yediyurappa said a task force comprising of ministers and officials has been formed to oversee the implementation of the government orders in view of the 21-day lockdown.

He highlighted the prevailing situation across the globe saying normal life has been paralysed everywhere.

The chief minister also brifed the leaders about the number of clinics all over the state, availability of medicines and protection gear for the doctors and in quarantine rooms in the state.

Flagging concerns over screening process, Siddaramaiah said around 4,500 people were yet to be tracked, which need to be taken up on a warfooting.

"The government is saying that we have not reached the third stage but in Nanjangud, a person contracted the disease though he does not have any travel history. This must be probed," he said.

The former former chief minister asked the government to make sure that the free distribution of food grains to weaker sections take place without any difficulty from April 1, as announced by the Central government.

He objected to police 'excesses' while enforcing lockdown.

Siddaramaiah also asked government to bring the police personnel under special insurance cover.

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News Network
February 12,2020

Bengaluru: Karnataka chief minister BS Yediyurappa on Tuesday shuffled the portfolios of six newly inducted ministers after they expressed unhappiness about the departments allocated to them barely 24 hours ago.

Three ministers — BC Patil, Anand Singh and K Gopalaiah — received new responsibilities and as many — Shivaram Hebbar, Srimanth Patil and Byrathi Basavaraj — have been saddled with more.

Sources said the six ministers met the CM late Monday night and said they were not happy with the portfolios handed to them. They reportedly threatened not to assume office until their demands were met, forcing the CM to effect the changes early Tuesday.

BC Patil is now vested with agriculture (he had been given forest), Anand Singh forest, environment and ecology (earlier food and civil supplies) and Gopalaiah food and civil supplies (instead of small-scale industries). BC Patil said, “I’m happy I can now be with farmers.” Shivaram Hebbar has been given the additional responsibility of sugar along with labour allocated to him on Monday.

Allocation of the forest portfolio to Anand Singh has raised eyebrows as the Vijayanagara MLA had been arrested in 2013 and 2015 in cases of illegal mining and illegal transportation of mining ore. Singh owned SB Mineral in Ballari and the Lokayukta had charged him with transporting 17,086 tonnes of iron ore without permission or valid licence. He was acquitted in a Belikeri iron ore export case due to lack of evidence.

Byrathi Basvaraj, who has been given the urban development ministry, will also handle Karnataka Urban Water Supply and Drainage Board and Karnataka Urban Infrastructure Development and Finance Corporation.

Srimanth Patil has received minority welfare department apart from textile.

The exercise of portfolio shuffling is likely to continue with minister K Sudhakar reportedly unhappy with medical education.

In another embarrassment to the CM, Mahesh Kumathalli on Tuesday refused to take over as chairman of the Mysore Sales International Ltd, saying he wants to be a minister. BJP MLA Basanagouda Patil Yatnal urged Yediyurappa to induct Kumathalli into the cabinet in line with the promise made to him when he joined the BJP before bypolls. “The CM must keep his word,” he said.

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