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.

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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 25,2020

Bengaluru, Mar 25: The COVID-19 count in Karnataka went up by 10 on Wednesday, reaching 51. The 10 new positives included two girls aged seven and nine who contracted the infection from their father.

The 34-year-old man had returned from Amsterdam on March 19 and tested positive as the 17th confirmed case in Karnataka.

Though his family were kept in isolation and under quarantine in their house, the children developed a cold. They were confirmed for COVID-19 infection while their mother is still negative.

The government remained tightlipped over whether or not a 70-year-old woman from Gouribidanuru who was put under house quarantine and died on Wednesday morning, tested positive for COVID-19. Government officials would neither confirm nor deny anything on the results of tests on the woman.

This evening’s bulletin issued by the Karnataka health department continued to indicate the strong correlation of coronavirus infection and foreign travel.

Among the positive cases identified today were

A 63-year-old Bengaluru man and his 59-year-old wife, with a history of travel to Brazil and Argentina.
Two 26-year-old men with a history of travel to Spain and arrived back in Bengaluru via Dubai.
Two others, a 63-year-old woman and her 69-year-old husband, had a history of travel to Athens and London.
A 34-year-old man, a resident of Udupi, who returned from Dubai
A 37-year old woman, a resident of Chitradurga, with a history of travel to Guyana and arrived back in Bengaluru via Delhi
Speaking to the media, medical education minister K Sudhakar said health officials were apprehensive the positives may go up tonight.

Of the corona positive cases detected in Karnataka so far, three have been discharged after quarantine, and 47 patients are in isolation at designated hospitals in a stable condition. There has been one fatality.

As per a recommendation by the high-level health committee, the government has decided to convert the Bowring Hospital into a coronavirus treatment hospital facility along with the Rajiv Gandhi Hospital for Chest Diseases and Victoria Hospital. 

“The number of positive cases are growing at an alarming rate and the government needs more treatment facilities. The government is for burning of COVID-19 death cases. However, due to some religious practices, it has been decided they would be buried in 8 ft deep pits,'' Dr Sudhakar said.

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News Network
February 21,2020

Beijing, Feb 21: A 29-year-old Chinese doctor, who postponed his wedding to treat patients infected with the deadly coronavirus, has died treating them after being infected by the virus, the ninth fatality among the healthcare providers working to contain the outbreak.

Dr Peng Yinhua, doctor of a Wuhan hospital who treated patients infected with the coronavirus, died on Thursday night, according to the health bureau.

Peng, a respiratory acute care medical professional, became infected while working to combat the novel coronavirus at the First People's Hospital of Jiangxia District of Wuhan. He was hospitalised on January 25 and transferred to the Wuhan Jinyintan Hospital for treatment on January 30.

"Peng Yinhua, a frontline doctor at Jiangxia First Hospital in virus epicenter #Wuhan, died of #COVID19 on Thursday night. He had earlier delayed his wedding as he wanted to treat patients with the disease at hospital," state-run Global Times tweeted on Friday.

He died from the virus despite doctors' all-out efforts to save his life.

Chinese health authorities have asked health agencies to apply for the honour of martyr for deceased medical staff to the veteran's affairs authorities, comfort the families of the deceased and help solve their difficulties, as well as publicise stories of those who sacrificed their lives during the epidemic, state-run Xinhua news agency reported.

Li Wenliang, the 34-year-old Chinese doctor, who was one of the first people to sound the alarm about the new outbreak died on February 7.

Li sent a message to his medical-school alumni group on December 30, warning that seven patients had been quarantined at Wuhan Central Hospital after coming down with a respiratory illness that seemed like the SARS coronavirus. But Wuhan police reprimanded and silenced Li.

Earlier, Dr Liu Zhiming, head of the Wuchang Hospital died due to the virus. On the same day Liu Fan, senior nurse of the hospital, died along with her parents and brother due to the virus.

China’s National Health Commission earlier said that a total of 1,716 medical workers had contracted the infection as of February 11.

Peng's death takes the death toll among the medical staff to nine.

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News Network
June 29,2020

Bengaluru, June 29: The Karnataka government on Monday issued guidelines to conduct online classes for all students of ICSE, CBSE and SSLC under the directions of the High Court.

According to the guidelines, for the kindergarten students, online classes can be held 30 minutes a week and students in classes 1-5 will have online classes for 30-45 minutes divided into two periods for three alternate days every week.

For students in classes 6-8, the online classes will be for 30-45 minutes divided into two periods for five days every week while students in classes 9 and 10 can have the virtual classes for 30-45 minutes divided into four periods for five days a week.

Earlier, the state government barred online classes for the kids from LKG to class 5.

Minister for primary and secondary education S Suresh Kumar had said that online classes cannot be held for the kids from LKG to class V.

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