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
January 19,2020

Mangaluru, Jan 19: ‘Ride For Rotary’ convoy of motor vehicles was flagged off from Hotel Ocean Pearl Inn at Bejai-Kapikad, Mangaluru on Sunday, 19th January, 2020 at 9.00 a.m. Rotary district governor Joseph Mathew flagged off the event along with Assistant Governors Sumith S. Rao, Geethanand Pai and Ritesh Baliga. The riders headed for Puttur after topping up their fuel tanks at Lady Hill Petrol Pump.

2019-20 Ride For Rotary includes 28 motorbikes and 5 cars. 38 Rotarians from 14 countries are participating, in this, the fourth edition of the event. They will traverse through Madikeri, Mysore, Wayanad, Ooty, Coimbatore, Munnar, Thekkady and Allepey before terminating at Kochi on 29th of January, 2020. The participating nationalities are India, Norway, Sweden, Canada, France, Germany, USA, UK, Switzerland, Austria, Denmark, Poland and Belgium. They belong to ages 21 to 78, with 78-year old Otto Rieve from Canada being the senior most enthusiast. Swiss national of Indian origin Raj Patholi and Mangalorean Abraham Zacharias are among the riders. 

Mangalore was chosen as the starting point for the convoy route this year which will cover Kerala, Karnataka and Tamil Nadu. On the eve of the event, the organizers hosted a gala dinner for the riders at Citi Beech, Bolar. The riders were given a glimpse of the traditional dance forms and were treated to some wonderful songs in Tulu and Kannada along with local coastal cuisine.

They were also given a glimpse of the major service projects undertaken in our district by Rotary, such as the Rotary Blood Bank on Wheels, the Physiotherapy Clinic at Wenlock Hospital, the Schools adopted by Rotary and the Ashrams and Villages that are being served by Rotary. The idea behind this is to see that riders carry these memories and think of helping Rotarians in India through their matching contributions for future service projects.

‘Ride For Rotary’

Ride for Rotary is a charity event conceived by Rotary District 3181 which comprises of the revenue districts of Mysore, Kodagu, Dakshina Kannada and Chamarajanagar covering 85 Rotary Clubs in 9 zones. Rotarians from across the world will come together for twelve exhilarating days. They will traverse through the meticulously arranged routes, enjoy the natural beauty of the places and experience the varied cultures and cuisines of the region. Ride for Rotary connects people and places like no other - Rotary Connects the World.

The proceeds from the event go to The Rotary Foundation, a charitable organisation that works tirelessly for the upliftment of the society.

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News Network
March 25,2020

Mangaluru, Mar 25: Fishing boats returned to the old Port in Mangaluru after the government prohibited deep-sea fishing till further orders on Wednesday to prevent the assembly of a large gathering here in the wake of the novel coronavirus pandemic. 

According to officials, deep-sea fishing activities result in the gathering of a large number of people and is much against the government's direction on maintaining social distancing. 

According to the Department, the 42-Km coastline in Dakshina Kannada hass 57 purse seine boats, 1,270 trawl boats, 1,483 gillnet boats, 549 other mechanised boats.

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News Network
January 21,2020

Bengaluru, Jan 21: A private hospital in Bengaluru, the capital of Karnataka, on Tuesday claimed that it has successfully performed a live liver transplant on a Jehovah's Witness from Nigeria, by not using blood or blood products, in order to protect the patient's religious beliefs.

It is said that Jehovah's Witnesses are followers of a Christian faith that prohibits the use of blood or blood products during their treatment. Gehojadak (37), a Jehovah's Witness follower, had developed decompensated liver disease and visited more than three countries seeking treatment over the last four years but was turned away by most doctors due to the highly risky nature of surgery, Aster CMI Hospital said.

The surgery was challenging compared to a normal liver transplant because in order to protect the patient's religious beliefs, the medical team could not use blood or blood products (Fresh frozen plasma, Cryoprecipitate, Platelets etc), it said in a release, adding that very few such surgeries have been successfully conducted worldwide.

The patient's brother was the donor, the hospital said, adding, without a liver transplant, Gehojadak's chances of survival were less than 10 per cent over the next two years. A team of liver specialists from the Hospital thoroughly reviewed the patient's medical history before recommending a bloodless liver transplant and charted out a feasible pathway to make the surgery a success.

"This transplant was especially challenging as we did not have the safety net (of using blood) even if the patient's life was at risk due to their advance directive. We have performed other non-transplant liver surgeries in Jehovah's Witnesses and this gave us the confidence to take on Gehojadak's transplant," Dr Rajiv Lochan, Consultant Liver Transplant Surgeon, said.

The critical surgery took a 12-hour period to complete where two teams of specialists with close to 25 doctors including anaesthetists, intensivists worked in absolute sync with each other and Gehojadak finally received a life-saving liver transplant, the Hospital said. In a period of two weeks, the patient and his brother were fit enough to go home and were discharged from the hospital.

"Even if their haemoglobin levels dropped to life-threatening levels, the patients were clear that they would not accept a blood transfusion. Keeping the limitations in mind, the most effective treatment path was planned, and we spent close to two months preparing the patients for surgery," Arun V, Consultant Anesthesiologist said. The hospital arranged customised artificial products like synthetic drug molecules, to conduct a bloodless liver transplant, he added.

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