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 3,2020

Chamarajanagar, Jan 3: The residents of Galipura layout in Chamarajanagar city boycotted the annual Community Based Survey (CBS), conducted by the Health and Family Welfare department, mistaking it to be the National Register of Citizens (NRC).

Majority of the residents in the layout belong to Muslim community. The people, who mistook CBS to the NRC survey, got into arguments with the Asha workers, who were given the responsibility of collecting information. They even tore the forms into pieces and vent their ire.

The Health Department conducts CBS every year in the urban areas and collects all details including Aadhaar number, residential address, details of family members, health problems and others.

Fifteen Asha workers were deputed for the survey in the layout. A few youths started questioning them alleging it to be an NRC survey and started arguing with them.
Tahsildar Mahesh, District Health and Family Welfare Officer Dr N C Ravi, with the help of Muslim leaders cleared the confusion. The community leaders assured of explaining it to the residents and extend cooperation to the survey.

Comments

abdullah
 - 
Sunday, 5 Jan 2020

Its not the fault of the residents.  Sanghis are planning to approach citizins disguised as health workers and else to get  details of residents.   such trouble makers should be noted and handed over to police.   Police should arrest such fake people and put in jail.   such fake people are trying to terrify poors and collect money assuring to help them.   So, please be careful.   

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News Network
April 19,2020

Bengaluru, Apr 19: A recent government order prohibiting congregations, Ramadan prayers is discriminatory and needs to be withdrawn, JD(S) MLC B M Farookh has demanded.

In a letter to the chief secretary, Farookh pointed out that the order contained certain conditions such as restriction of the use of public address system and delivering Azan in low decibels, which had nothing to do with the prevention of Covid-19 disease.

“These days, Azan includes a call for the community to pray at home and does not offer namaz at mosque. The order also prohibits preparation and distribution of porridge, which has always been taken up in the interest of the poor. The High Court has noted that the relief distribution by NGOs or individuals should not be prevented and the state machinery has to coordinate the same by ensuring social distancing. The ban on distribution of porridge by mosques amounts to discrimination. The order needs to be withdrawn or revisited,” he wrote in his letter.

Further, observing that a religious fair was conducted in Kalaburagi recently, in violation of the government’s social distancing norms, Farookh sought the government to ensure that social distancing norms are enforced with regard to festivals of all communities without discrimination.

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News Network
March 24,2020

Mangaluru, Mar 24: A Covid-19 patient from Kasaragod, who recently came from abroad travelled to Mangaluru twice, revealed Karnataka department of health and family welfare.

The 54-year-old person is confirmed as Covid-19 positive case yesterday.

He landed at Mangalore International Airport on March 10 at 5.30pm by Air India Express flight.

From there, he had travelled in his own vehicle to Kasaragod. He had coffee near Kasaragod and reached home at 7.30pm.

On March 11, he had visited local fish market and returned home at 10pm.

He had consulted a local doctor at Kasaragod on March 18 and later visited to Kasturba Medical College, Attavar at 3pm, visited reception and consulted a doctor.

He had tea at KMC canteen and travelled in an auto to Medicity and brought medicines and returned to Kasaragod by KSRTC bus.

Again he travelled to Mangaluru on March 20 in a private vehicle and visited a doctor and returned back to Kasargod in a private vehicle.

The health department has requested all passengers who travelled in the above said flight/aircraft, and KSRTC bus can self-report by dialing 104 or other helpline numbers.

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