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 15,2020

Mangaluru, Jan 15: Thousands of people on Wednesday boarded boats from Ullal's Kotepura to join a massive protest against the amended Citizenship Act and National Register of Citizens (NRC) in Adyar here.

People travelling through boats and steamers decorated with national flags, raised slogans during their journey through the Netravathi River.

The innovative mode of transportation was used by the protestors to reach the venue, as it not only saved time but was also more convenient for the fishermen, as large number of people from this community joined the protest.

The protestors docked their boats at the shore, which was barely 500 metres from the site of protest, being held at Shah Ground in Adyar.

The distance between Kotepura to the Shah Ground is approximately 15 kilometres but protesters would have to walk more five kilometres to reach the venue because of heavy traffic.

Due to protest, the national highway was also blocked and resulted in huge traffic snarls on routes leading to agitation site. 

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coastaldigest.com news network
May 22,2020

Mangaluru/Udupi, May 22: Two prominent Qadhis of coastal Karnataka today declared that Eid al-Fitr will be observed in the region on Sunday, May 24.

Twaqa Ahmed Musliyar, the Qadhi of Mangaluru and Ibrahim Musliyar Bekal, Qadhi of Udupi Samyukta Jamaat in their separate statements made this announcement. 

The decision was taken as there was no news of new moon sighting in the coastal region today.

Ullal Qadhi Qurrathussadath Seyyid Fazal Koyamma Thangal Al Bukhari also announced that 24th May is first of Shawwal and Eid al Fithr will be celebrated on that day.

Comments

GKS
 - 
Saturday, 23 May 2020

Moon sighting for the start of the month of Ramazan, for end of fastings- Eidul Fitr, for the month of Hajj and Muharram:

The moon sighting is so easy. We the people of India and have Indian Standard Time all.over India. 

When we can accept the moon sighting in Delhi and announcement from Delhi as it was during times of Radio and Doordarshan news, why can we not accept the sighting of moon in coastal region of Karnataka and in Kerala?

Let us bring about change for good.

GKS
 - 
Saturday, 23 May 2020

Why is rest of Karnataka or India not joining for Eid with coastal region and kerala? At the time of Radio and Dorrdarshan only days, all of India used to wait for 8.00 pm news for updates of moon sighting. So why not accept the moon signing witnesses in Kerala or coastal region?

 

I request all Indians to accept the witnessing of Moon sighting in any area of India and start and end Fasting. 

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News Network
July 25,2020

Gokak, Jul 25: A JMFC magistrate here issued summons to the Chief minister B S Yediyurappa in relation to a complaint for the alleged violation of election code of conduct, during by-elections to the Gokak Assembly seat held last year.

According to official sources, a complaint had been registered against Chief minister B S Yediyurappa during the election campaign, under the People Representative Act, for allegedly wooing voters during electioneering.

The Gokak Police, who had investigated the case, however had submitted a 'B' report to the court letting off the Chief minister from the charges.

However the Magistrate, rejecting the Police report, had maintained that there exists prima facie case against the accused and issued summons to appear before the court on September one, the sources added.

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