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 15,2020

Bengaluru, Jul 15: Karnataka Pradesh Congress Committee President D K Shivakumar on Tuesday alleged Chief Minister B S Yediyurappa led state government of corruption and said it had not spared even beds and pillows meant for COVID-19 patients to make "corrupt" money.

Taking to microblogging site Twitter, Congress leader said BJP government will be exposed in the coming days.

"It is nauseating that @BSYBJP govt has not even spared the beds and pillows meant for CoVid patients to make corrupt money from. There are many such scams involving ministers. Evidences about them will be placed before people and the BJP Govt will be exposed in the coming days," he tweeted.

Cabinet minister Jagadish Shettar on Monday announced a complete lockdown in Karnataka's Dharwad area from 10 am on July 15 to 8 pm on July 24 in a bid to control the rising number of COVID-19 cases.

According to the State's health department, Karnataka has a total of 41,581 positive cases so far, including 24,572 active cases and 16,248 recoveries.

So far, 757 people have lost their lives to coronavirus in the State.

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coastaldigest.com news network
July 21,2020

Mangaluru, July 21: Putting an end to all speculations, district in charge minister Kota Srinvas Poojary on Tuesday said that the lockdown in Dakshina Kannada will not be extended beyond Wednesday.

In a video message, the minister said that all the shops in the district will remain open from July 23 morning. He said district administration will make a formal announcement soon.  

Meanwhile chief minister B S Yediyurappa said: “There’ll be no lockdown from Wednesday, people need to get back to work, economy is also very important. We have to fight COVID-19 while maintaining stable economy. Lockdown is not the solution, now restrictions will be placed only in containment zones.”

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News Network
March 18,2020

Bhopal, Mar 18: Congress leader Digvijay Singh's detention by police in Bengaluru is display of "dictatorship and Hitlarshahi" by the BJP, Madhya Pradesh Chief Minister Kamal Nath said here on Wednesday.

Singh staged a protest near a Bengaluru resort this morning where rebel MLAs of Madhya Pradesh Congress are staying, and demanded that he be allowed to meet them.

Singh, who has been detained by the police, accused the BJP of holding the MLAs captive and said that he would go on a "hunger strike".

Reacting to this, Nath said if the need arises he would also go to the Karnataka capital.

"Preventing Congress Rajya Sabha candidate and other ministers from meeting MLAs, misbehave with them, forcibly taken them into custody is totally a dictatorship and hitlershahi (sic)," Nath said in a tweet.

"Entire country is watching how an elected government is being made unstable and how BJP is murdering democratic values," Nath said.

"Why they are not allowing them to meet MLAs. What BJP is afraid of. BJP is playing a dirty political game in the state," the chief minister tweeted.

Demanding immediate release of detained Congress leaders, Nath said that democratic norms and Constitutional values are being stifled.

Later speaking to reporters, the CM said, "Why the BJP is afraid of presenting 16 MLAs here (Bhopal)? What is the problem in one person (Singh) meeting with 16 legislators?"

Nath reiterated that his government had proven majority on floor of the House in the last 15 months since coming to power.

Amid political uncertainty in Madhya Pradesh, the state Congress Legislature Party on Tuesday moved the Supreme Court seeking direction to the Centre and the BJP-led Karnataka government to grant it access to communicate with its rebel MLAs staying in Bengaluru.

The apex court had also directed the Kamal Nath government to respond by Wednesday to a plea by senior BJP leader Shivraj Singh Chouhan seeking immediate floor test in the Assembly.

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