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
March 5,2020

Bengaluru, Mar 5: The Karnataka government has advised city-based companies to allow their employees to work from home if they have flu-like symptoms.

"Those employees having flu like symptoms may be allowed to work from home with advice of standard hand hygiene and cough etiquette," the Health Department said in its advisory.

The advisory asked people to avoid non-essential travel to COVID-19 affected countries and refrain from travel to China, Iran, Republic of Korea, Italy and Japan.

"Employees other than those restricted countries arriving directly or indirectly from China, South Korea, Japan, Iran, Italy, Hong Kong, Maccau, Veitnam, Malaysia, Indonesia, Nepal, Thailand, Singapore, Taiwan, the UAE and Qatar must undergo medical screening at airport entry," the advisory read.

The government advisory also mandated employees arriving through all international flights entering lndia from any port to furnish duly filled self-declaration form, including personal particulars - phone numbers and address in India, and travel history to health officials and immigration officials.

It also appealed to promote regular and thorough hand washing at work places and keeping sanitising hand rub dispensers (alcohol-based) in prominent places and provide access to places where staff can wash their hands with soap and water.

Companies have been asked to promote good respiratory hygiene and ensure the availability of surgical masks and paper tissues at workplaces only for those who develop a running nose or cough at work along with closed bins for their hygienic disposal.

Meanwhile, the Bruhat Bengaluru Mahanagara Palike Commissioner B H Anil Kumar chaired a meeting on Wednesday regarding the preparedness to deal with coronavirus.

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News Network
March 2,2020

Kochi, Mar 2: The Vatican has rejected the second appeal by Sister Lucy Kalappura -- one of the nuns who protested against rape accused Bishop Franco Mulakkal -- against her expulsion from Franciscan Clarist Congregation (FCC).

In her plea, she had demanded that her version be heard and her expulsion from FCC revoked.

She was expelled from FCC for participating in public protests demanding the arrest of Franco Mulakkal in the nun rape case.

''I got a letter from Vatican which says my appeal has been rejected. But the rest of the letter is written in the Latin language. So after I understand it, I will respond," Sister Lucy told news agency.

''The authorities are contemptuous of those who make such complaints. That is why the letter is written in Latin. Sister Lucy would continue her legal fight in the courts,'' said George Moolechalil, who has been authorised by Sister Lucy to communicate with the media on her behalf.

A petition of Sister Lucy is still pending at Mananthavady Munsif Court at Wayanad that demands that she should not be expelled from the convent where she is staying.

Comments

fairman
 - 
Wednesday, 4 Mar 2020

Religious issues should be resolved within the guidelines of devine laws.

 

Unfortunately the Chrisitianity is no more in its originality.

The holy bible has been systematically abused and edited to the benefits of rulers.

 

 
The book has been contaminated with lots of editions.

 

People should search for truth and follow it.

 

Example, the religion never told to remain unmarried for priests or nuns.

They go against its teaching inveting their own idea against God's teaching.

 

Abdul Gaffar Bolar
 - 
Monday, 2 Mar 2020

Vatican is a corporate person.

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News Network
February 28,2020

The Karnataka BJP, which faced action on Twitter earlier this month over incendiary tweets, this time has passed the blame of Sangh Parivar sponsored Delhi violence to the victims.

In an insensitive tweet on Friday, it dubbed the protests against the notorious Citizenship Amendment Act (CAA) as "fake" and added that the violence that followed was "the most well-planned assault on the Idea of India," in an apparent attempt to portray the victims as villains.

The handle, notorious for tweets targeting Muslims, blamed the clashes that erupted in Delhi between people demonstrating for and against the CAA on "so called 'Peacefuls'" - a known right-wing slur for Muslims.

Many people on social media called out the tweet for misleading people and covering up the role of Delhi BJP leader Kapil Mishra's provocative speech for triggering the violence or the failure of the Delhi Police, which reports to the former BJP chief and Union Home Minister Amit Shah, in controlling the riots.

Earlier this month, the Karnataka BJP had tweeted a video of Muslim women standing in queue to vote in the Delhi elections, showing their voter ID cards, with the snarky caption: "Keep the documents safe, you will need to show them again during NPR (National Population Register) exercise."

Soon after, the party unit's Twitter handle was blocked by the social media platform for 24 hours after many accused it of encouraging Islamophobia.

NPR has been widely criticised by opposition parties as a precursor to the government's planned NRC or National Register of Citizens which intends to make Indians prove their citizenship with documents that many poor or illiterate do not possess.

Many fear that combined with the already imposed CAA - which promises citizenship to only non-Muslim refugees from Pakistan, Afghanistan and Bangladesh - the NRC can be used to make millions of Muslims stateless.

The government has denied the allegation and said the CAA only intends to help those who have faced religious persecution. In recent weeks, it has gone back on its rhetoric on the NRC which was announced by Amit Shah in parliament as "it will certainly happen".

The CAA, which was cleared by parliament in December, has triggered deadly protests in the country which left at least 25 dead till Sunday. Since then, at least 42 more people have been killed as large-scale violence erupted in northeast Delhi and hundreds of homes and shops have been burned to the ground.

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