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
July 9,2020

New Delhi, Jul 9: The Central Board of Secondary Education has strongly defended its decision to drop topics like democratic rights, citizenship, federalism, secularism etc in the name of reducing the syllabus for Classes 9 to 12 due to COVID-19 pandemic. 

The board has claimed that the dropped lessons "are either being covered by the rationalised syllabus or in the Alternative Academic Calendar of NCERT".

The CBSE said it had to come up with the clarification after realizing its decision was "interpreted differently".

"The rationalisation of syllabus up to 30 per cent has been undertaken by the Board for nearly 190 subjects of class 9 to 12 for the academic session 2020-21 as a one-time measure only. The objective is to reduce the exam stress of students due to the prevailing health emergency situation and prevent learning gaps," it said.

While it has said that no questions can be asked from the reduced syllabus in the next board exams, the CBSE has also directed schools to follow alternative calendars prepared by the NCERT.

"Therefore each of the topics that have been wrongly mentioned in media as deleted have been covered under Alternative Academic Calendar of NCERT which is already in force for all the affiliated schools of the Board," it clarified.

On Wednesday, West Bengal CM Mamata Banerjee tweeted: "Shocked to know that the central Government has dropped topics like citizenship, federalism, secularism and partisan in the name of reducing CBSE course during the COVID crisis."

"We strongly object to this and appeal the HRD Ministry to ensure these vital lessons aren't curtailed at any cost," Banerjee added.

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coastaldigest.com web desk
July 6,2020

Wayanad, Jul 6: DM Education and Research Foundation (DMERF), headed by Dr Azad Moopen, has come forward to handover DM WIMS Medical College, Nursing and Pharmacy Colleges and its associated institutions in Wayanad to the Kerala Government. 

According to Azad Moopen, Managing Trustee, DMERF, the Kerala Government has been deliberating to set up a medical college in the area over the last 7-8 years to address the challenges being faced by the local population due to lack of local availability of advanced healthcare facilities under the government sector. 

The handover by DMERF would address the Government's need. DM WIMS is one of the few NABH accredited medical colleges in the country, he said.

The DM WIMS Medical College and its associated institutions were established by the DMERF Trust 10 years ago to help the backward community of the district. 

Run in a charitable manner, the medical college has a capacity of 150 seats and has seen two batches of doctors graduate from the institution. With a total built up area of 14 lakh sq feet, it also has a 700-bed super-specialty hospital catering to the local community and helping in training healthcare professionals, a 100-bed specialty hospital, a pharmacy college, and a nursing college.

A new medical college by the government will require substantial investments and minimum of 5 years to become functional. “We think that DM WIMS can cater to the requirement of the government and setting up another medical college might not be required to cater to the existing population,” he said.

Moopen also announced a donation of Rs 250 crore out of the total investment in the institutions to the government to provide treatment to the needy population in the backward, landlocked district and to train good quality doctors from the State.

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News Network
July 1,2020

Bengaluru, Jul 1: Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar on Wednesday said that the state Chief Minister BS Yediyurappa should apologise to the nation for the Ballari incident.

"It is shocking to see the Ballari incident. The way the dead bodies of the corona victims have been treated is very unfortunate. The entire country witnessed it. I request the Chief Minister BS Yediyurappa to apologise to the nation. India is known for its values and traditions," Shivakumar told reporters here.

Earlier, Shivakumar had posted a video which allegedly showed officials 'inhumanly' dumping bodies of those patients who die of COVID into a pit in Ballari, the district administration confirmed it and said that the entire field team involved in the incident has been disbanded.

"It's disturbing to see bodies of COVID patients who have died being dumped inhumanly into a pit in Ballari. Is this civility? This is a reflection of how the government has handled this Corona crisis. I urge the govt to take immediate action and ensure that this doesn't happen again," Shivakumar's tweet, which also had a video of the incident embedded, read.

The Deputy Commissioner, Ballari issued a press note which stated that it had conducted an enquiry after the video surfaced and it was found that the video belonged to the district and "comprises of burial of eight people who passed away after succumbing to COVID-19."

Although, according to the DC, all protocols and SOPs were followed by the team during the burial process, however, the "disrespectful handling of the bodies while being lowered on to the ground by the field staff" led to the entire field team involved being disbanded and will be replaced by a new team trained by the HOD, Forensic, VIMS.

The district administration also issued an unconditional apology to the families of the deceased and to others who were hurt by the incident.

Meanwhile, Chief Minister BS Yediyurappa also termed the behaviour of the staff "very inhuman and very painful" and urged the staff to tread cautiously with humanity in handling the funeral of those affected by the disease, and added, "Let's walk with humanity, and realize that there is no greater religion than humanity." 

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