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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coastaldigest.com news network
February 16,2020

Mangaluru, Feb 16: A 45 year-old man committed suicide by jumping into Netravati River from the bridge near Thokkottu along with his six-year-old son in the early hours of Sunday here, police said.

The deceased have been identified as Gopalkrishna Rai and his son Aneesh Rai, residents of Baltila in Bantwal.

According to the police, Gopalkrishna along with his wife Ashwini Rai and son had come to Konaje for a family programme. At about 4:30 a.m. he came to the bridge with his son, left a suicide note and jumped into the river.

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News Network
June 24,2020

Bengaluru, Jun 24: About 8,48,203 students will appear in the Secondary School Leaving Certificate (SSLC) examination tomorrow, i.e., June 24, said Karnataka Health Minister B Sriramulu on Wednesday.

Students have been advised to report to the examination centre three-hour before the commencement of the examination i.e., at 07:30 am. The examination will commence at 10:30 am.

Early entry to the centres will also help maintain social distancing that is very much essential during the pandemic, minister for primary and secondary education S Suresh Kumar said.

"SSLC exams to take place tomorrow. About 8,48,203 students will write the exam. Social distancing needs to be followed and the mask should be used. Minister of Education and I have already held a lot of meetings. Students from containment zones will be carefully handled," said Sriramulu.

Commenting upon the situation arising in the state due to COVID-19, Sriramulu said, "There is a panel of experts to decide about lockdown. There has been an opinion that the COVID-19 test should be increased. Workers, traders, and others should be categorised in 15 categories and tests must be conducted," he added.

Sriramulu further said that there will be a meeting of task force on the coming Monday.

"All the issues will be brought to the notice of the Chief Minister at the task force meeting, then CM will take a call on what needs to be done," he said.

Meanwhile, Suresh Kumar, Minister of Education inspected the schools and places where SSLC exams will be held.

Earlier Karnataka Education Minister S Suresh Kumar had announced that SSLC examinations, which were stayed in view of the coronavirus pandemic, will be conducted 'between June 25 and July 4' in the state.

According to the Union Health Ministry, Karnataka has 9,721 COVID-19 cases including 150 fatalities.

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News Network
June 18,2020

Bengaluru, Jun 18: The Karnataka police has arrested a German national wanted for kidnapping and causing bodily harm to a person in his home country, an official said on Wednesday. The person was also found to be overstaying on an expired visa, which police said that it appeared that the visa had been tampered with to look more current.

"On receipt of credible information by the CID Interpol Division officers, the Red Corner Notice subject, the German national Alexander Bruno Wehnelt, was traced at Hulimangala village," a police official told media persons.

Hulimangala is on the outskirts of Bengaluru city.

Alexander, 55, escaped from Germany and took shelter in Bengaluru.

The Interpol Division of CBI NCB (Central Bureau of Intelligence, Narcotics Control Bureau) in New Delhi had communicated to the Interpol liaison officer in Karnataka's Criminal Investigation Department (CID) about Alexander, directing extensive search measures to trace the criminal at large.

The Narcotics Control Bureau of Wiesbaden in Germany was on the hunt for Wehnelt for the crimes he committed in 2015, and have finally found him five years later.

"A special team of officers was constituted by the CID - Interpol division under the supervision of ADGP (Additional Director General of Police) B. Dayananda and the Interpol liaison officer and efforts were made to trace the subject," said the official.

On Monday, the police received credible information leading to his arrest.

"It was learnt that his visa had expired in 2016 and he tried to show a visa which was issued in December 2019 which had expired on Saturday, June 13," said the official.

Prima facie, it appeared that Alexander had tampered with his visa and the police are probing on that front as well.

He was handed over to Hebbagodi Police Station in Bengaluru Urban, for his overstay and a criminal case has been registered against him, under the Foreigners Act.

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