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
May 25,2020

Bengaluru, May 25: After facing flak from the opposition for skipping quarantine rules to contain COVID-19 spread, Union Minister Sadananda Gowda on Monday said there are certain exemption clauses for those who hold certain responsible posts, adding that he cannot go under quarantine as he has to ensure medical supply in every part of the country.

"Guidelines are applicable to all citizens, but there are certain exemption clauses, for those who hold certain responsible posts," Gowda told media on being asked about allegations by opposition parties that he did not go to required institutional quarantine after domestic air travel from Delhi to Bengaluru.

"I am a Minister and I am heading Pharmaceutical Ministry. If the supply of medicines and other things is not proper then what doctors can do for patients, is it not a failure of government? It' is my responsibility to ensure the supply of medicines to each corner of the country," he said.

Earlier in the day, the BJP MP, who arrived at Bengaluru airport from Delhi and straight away got into his car and drove to his residence. He skipped the institutional quarantine measures as set by the Central government.

Karnataka Director General of Police Praveen Sood said: "Incoming domestic flight passengers from Maharashtra, Rajasthan, Delhi, Gujarat, Tamil Nadu, Delhi and Madhya Pradesh will undergo 7-day institutional Quarantine followed by home quarantine."

Comments

Kannadiga
 - 
Monday, 25 May 2020

This is called has nagpur soldiers. He might think this virus has given excuse to all bjpean's or why he jumped out from the airport quarantine regulation. If the virus infected to any others what will.he do. What will his media will telecast. Same like Delhi they will target some other community. 

 

All must be away from him and his associates.

Here it is the duty of each individuals to keep distance and stay safe.

Not like our qualified leaders and ministers

 

 

 

 

 

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News Network
March 19,2020

Bengaluru, Mar 19: To better enforce social distancing and prevent further spread of Covid-19, the Karnataka health and family welfare department on Wednesday said it will "stamp the back of the palm" of international passengers advised to be on home quarantine, along with the date they are allowed to get out of home. The stamping process began at 12am Thursday.

Pankaj Kumar Pandey, commissioner, health and family welfare, said: "It is noted that a few passengers under home quarantine are not following the instructions. Therefore, it has been decided to stamp the back of the palm of their left hand with a specially designed stamp which will indicate the last day of quarantine."

He said the special stamp will use an indelible ink and "airports in Karnataka have been instructed to follow this without fail". On average, about 3,000 people are arriving in Bengaluru on international flights every day.

The department said social distancing is the only known method of combating the spread of Covid-19 and added, "International passengers are segregated as symptomatic and asymptomatic."

High-risk flyers kept at mass quarantine unit

The symptomatic passengers (Group-A) are taken to designated hospitals; asymptomatic ones, depending on the port of origin, are taken to the quarantine centre or permitted to go on home quarantine.

At the mass quarantine centre, the asymptomatic passengers are divided into moderate-risk (Group-B) and high-risk (Group-C) categories.

“The high-risk passengers are kept at a mass quarantine centre for medical observation. The moderate-risk passengers are being sent for home quarantine where they need to spend 14 days,” the statement added.

Pandey said: “International passengers changing flights within the country cannot be stopped. Ideally, they should be stamped at the first port of entry when they arrive from a foreign country which is not happening.” He said this issue will be brought to the notice of the Directorate-General of Civil Aviation.

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Agencies
July 17,2020

Bengaluru, Jul 17: Karnataka Chief Minister B S Yediyurappa on Friday said lockdown is not the solution for controlling COVID-19 and made it clear that there was no proposal before the government to extend it in Bengaluru.

Bengaluru urban and rural areas are currently under "complete lockdown" since 8 pm of July 14 and it will be effective till 5 am on July 22.

With the spike in cases, speculations were rife that the current lockdown is likely to be extended for 15 days, as that much time is required to break the chain.

"Lockdown is not the solution to control COVID. There is no proposal before the government to extend the lockdown," Yediyurappa was quoted as saying by his office in a release.

The Chief Minister today chaired a meeting with Ministers who have been made in-charge of eight zones in the city and officials regarding the COVID-19 situation in Bengaluru.

Earlier too, on July 13, the eve of the lockdown, Yediyurappa had said the government did not plan to extend it in Bengaluru urban and rural districts, and had appealed to the people to cooperate by not paying heed to rumours.

However, earlier today city Mayor M Goutham Kumar and commissioner of the civic body Bruhat Bengaluru Mahanagara Palike B H Anil Kumar had favoured its extension.

They had said that in their personal opinion, a 15 day lockdown would be good, as that much time is required to break the chain.

The Opposition Congress too had asked for a minimum of 15 days lockdown after taking expert opinion.

"Respected Chief Minister, you have imposed lockdown in Bengaluru, but it is difficult to expect results from this lockdown, which has been imposed just for for the sake of it.

Take expert opinion and enforce strict lockdown in Bengaluru at least for 15 days.

If not, even if God comes,it will be difficult to protect Bengaluru," KPCC Working President Eshwar Khandre tweeted.

Speaking to reporters after attending the meeting chaired by the CM, Revenue Minister R Ashoka said lockdown will not be extended and all activities can resume as usual from July 22.

"Lockdown will not be extended. I'm saying this after discussing with the Chief Minister. There is no such thinking before the government.

CM has got report from the experts, it was discussed in the meeting.

By lockdown we can only postpone things, we have taken that breathing time.

If we continue lockdown it will keep on continuing," he said.

The Minister said the process of sealing places, wherever required, would continue.

He said the plan to conduct more tests was discussed at the meeting and all the required zone wise arrangements would be made

"We also discussed about beds and shortage of ventilators and steps will be taken to arrange for them," he said.

As of July 16 evening, cumulatively 51,422 COVID-19 positive cases have been confirmed in the state, which includes 1,032 deaths and 19,729 discharges.

Bengaluru urban district tops the list of positive cases, with a total of 25,288 infections.

Out of 4,169 fresh cases reported on Thursday, a whopping 2,344 were from Bengaluru urban alone

At the meeting, the Chief Minister said all necessary steps should be taken to clear all the difficulties faced by infected patients in getting admitted to hospitals.

The CMO statement quoted Yediyurappa as directing Ministers to hold meetings with private hospitals to ensure that COVID and non COVID patients get treatment.

Warning of strict action against private hospitals if they don't allocate beds for COVID patients,he said volunteers and nodal officers would be appointed to gather information about admission of such patients and availability of beds

The Chief Minister said rapid antigen tests should be conducted on those dying at hospitals or homes and necessary action taken to hand over the bodies or to conduct last rites as per the procedures, depending on the cause of death.

Recruitment was on to appoint doctors to resolve shortage, he said,adding that volunteers have been identified in each ward for micromanagement and ambulances allocated.

Marriage halls and lodges have been selected in all wards for those not having separate quarantine facilities, Yediyurappa said and stressed on increasing testing.

Deploying extra police force at places where there are chances of people gathering in large numbers, ensuring beds availability and ambulances within two hours of a patient testing positive- with decentralized monitoring, giving priority to those symptomatic above 65-years during allocation of beds were among directions given by the Chief Minister.

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