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
January 16,2020

Davanagere, Jan 16: Congress leader D K Shivakumar on Thursday turned down all the recent media reports of him aspiring for the coveted Karnataka Pradesh Congress Committe (KPCC) president post.

Terming all the news, doing rounds, as baseless, Shivakumar said that he never made any attempt to become KPCC president. "All I want to do is work for my people and party", he asserted.

Referring to Chief Minister B S Yediyurappa's visit to Harihar's 'Our Lady of Health Minor Basilica' programme, Shivakumar said."I'm not concerned about what others are doing, everyone is free to take part in the programmes."

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News Network
April 24,2020

Wayanad/Thiruvananthapuram, Apr 24: Amid the strict lockdown, a school teacher travelled from Thiruvananthapuram to Muthanga in Wayanad -- a distance of about 465 km -- on her way to neighbouring Karnataka en route to Delhi following which cases have been registered against her and an excise official.

The woman, Kamna Sharma, said to be working in Kendriya Vidyalaya, Pattom, undertook the journey on April 21 along with her two year-old daughter, police sources told news agency PTI.

An Excise Circle Inspector, Shahjahan, had provided his vehicle to travel allegedly on the instructions of Malappuram excise officer, in whose private vehicle, the woman and the child had reached Wayanad border from Thiruvananthapuram, the sources said.

The two were charged under the Kerala Epidemic Act and various sections of the IPC including sect 269 (negligent act likely to spread infection) and 271 (disobedience to quarantine rule).

Because of the lockdown even inter-district travel is not allowed by police and district administration, unless there is an extremely genuine reason.

A senior police official in Thiruvananthapuram said he does not remember issuing any such pass.

The woman may have "misused" government machinery as private vehicles would have been stopped somewhere during the long journey, he said.

She came to Kalpetta in Wayanad allegedly in an official car of the excise department.

Wayanad District police chief R Elango said that an FIR has been filed based on preliminary information and investigations have begun.

"We will check if she has followed procedures in obtaining a pass and if she made any false claim to get the pass."

As per preliminary information the woman came in an excise official's car from Thamarassery (Kozhikode) to Muthunga(Wayanad), he said. Her mode of transport before that--from Thiruvananthapuram to Wayanad--will also be investigated, he said, adding they have no information if she has reached Delhi.

"We will track down her movement," he said Meanwhile, theWayanad district administration has intensified the lockdown protocol from Thursday to prevent people's movement within and from outside the district/state.

Interception at all the check posts on district an state borders of the district, bordering Tamil Nadu and Karnataka, will also be intensified. No one would be allowed to travel frequently to and fro the district under the pretext of official duty.

Wayanad collector Adhila Abdulla said officials from outside the district will no longer be allowed to commute daily.

"Elderly people above the age of 65 should confine to their homes unless it is extremely urgent or unavoidable. Cases will be registered against family members who allow elderly people to go out for buying medicines and other essentials," she said.

Senior citizens, who live alone, can call either the Fire (101) or Police (100) departments for any help and to get things they need, the collector said.

Whatever relaxations were in place have also been withdrawn with effect from Thursday, she added.

Wayanad and Thiruvananthapuram come under the "Orange B" zone where there are some relaxations.

However, Thiruvananthapuram city limits falls under the hotspot area.

Police said a case was also registered against a doctor and her husband who entered Kerala from Tamil Nadu border.

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coastaldigest.com web desk
June 9,2020

Mumbai, June 9: A 45-year-old doctor posted in the 108 ambulance service at Malad railway station in Mumbai died of COVID-19 after two hospitals refused admission, in spite of the fact that he was a frontline warrior against coronavirus.

The victim is Dr Shaukat Ali, who was working with the 108 ambulance service for the last four years. A few days ago, he got his blood tests done after his health deteriorated. The result stated typhoid fever following which he started getting treatment at home in Malwani.

Ali's family ran from pillar to post to get him hospitalised in either a private or government hospital, to no avail.

"On Friday, his condition worsened and he started feeling breathless. Despite us calling the 108 ambulance service, no one picked up the call. So after waiting for a while, I and uncle's colleague, Dr Nigam, rushed him to SK Patil hospital in Malad East in an auto. But they refused us stating they were admitting only COVID-19 patients.”

“Then we took him to Desai Hospital, where doctors were initially ready to admit him but later refused stating lack of beds. They said we could take him home as his condition was fine," Zubair Shaikh, Ali's nephew said.

"But his condition worsened. So, I called Dr Nigam and we managed to admit him in Shatabdi hospital. On Sunday, when his results came out stating that he had COVID-19, doctors had already put him on a ventilator, where he passed away in the evening," he added.

Zubair further said, "Had the doctors at Desai Memorial Hospital admitted him, my uncle would have been alive today. It is a matter of great regret that a doctor, who was risking his life during this pandemic, could not get help from his own government hospitals."

Ali's wife and his two children's are in UP, while he was staying with his elder daughter who had recently appeared for HSC exams and preparing for NEET.

Comments

Please don't say such words, I personally became very sad after hearing this that Warrior like Dr. Saukat Ali passes away due to mismanagement of health organization. My condolence to him and his family. Please don't divide Hindu and Muslims in such way, not only Muslims but Hindu also died due to such reasons and one more thing here in Maharashtra, BJP is not ruling party. Thanks..

Ugly Indian
 - 
Wednesday, 10 Jun 2020

VERY VERY SAD...innna lillahi wainna yelahai rajoon.
this is the lession for all INDIAN muslim doctor as well as muslims....open your ear and listen.
this is indian not italy and now current ruling government is very very bad...they want indian to be slave.
also today you help your hindu brother but tommorow they will vote for same people BJP who is giving touble to muslim..GOD given chance to develop muslim community not our enemy,
india is divided alreday, my 20 year old hindu friend become my enemy now after NRC and CAA..
we will see where it will end. may the justice and peace prevail.

 

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