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
June 4,2020

New Delhi, Jun 4: The Supreme Court on Wednesday sought response from Prajwal Revanna, the grandson of former Prime Minister HD Deve Gowda, on a plea challenging his election in 2019 from Hassan Lok Sabha constituency as a joint candidate of the Janata Dal Secular and the Congress.

A bench of Chief Justice SA Bobde and Justices AS Bopanna and Hrishiksh Roy issued notice to the returned candidate from the high-profile constituency on an appeal challenging the Karnataka High Court's order by which an election petition against his win was dismissed.

In the proceedings held through video-conferencing, the top court issued notice and tagged the appeal filed by G Devarajegowda for hearing with other similar pending plea filed by the BJP candidate on the issue.

Mr Devarajegowda in the plea said that his election petition was dismissed by the High Court on "procedural irregularities". The plea said that Mr Prajwal had resorted to unfair and corrupt practices and his election should be set aside.

It said the High Court did not consider the fact that by dismissing the election petition, it was running a risk of having a representative in parliament who has not got the maximum number of valid votes.

The petitioner, an advocate by profession, sought a declaration of rival BJP candidate, A Manju, as the winner for having secured the maximum number of valid votes.

A separate appeal was earlier filed by Mr Manju against the High Court order and the top court had already issued notice to the retuned candidate on that.

Mr Manju had challenged the 2019 election of Mr Prajwal on the ground that there was allegedly non-disclosure of assets held by him in his election affidavit.

Mr Prajwal was declared winner with 6,76,606 votes. Mr Manju came first runner-up with 5,35,282 votes.

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News Network
April 19,2020

Belagavi, Apr 19: Veteran writer and Translator Chandrakanth Kusnoor passed away in his house on Sunday due to age-related disease.

He was 90.

He was survived by wife, four sons and one daughter.

According to family sources, the last rites were held in the wee hours of Sunday.

Mr Kushnoor, a multi-faceted personality, maybe the one of the few who had won the Karnataka Nataka Academy, Karnataka Lalitha Kala Academy and Karnataka Sahitya Academy awards for his works as writer, translator, novelist, poet, playwright, painter, art critic and institution builder.

He had translated many books from Kannada (late U R Ananthmurthy and Srikrishna Alanahalli) into Hindi, and other books into Marathi and Urdu.

He was among the pioneering abstract writers in Kannada. His plays like Dindi, Vidushaka, Ratto Ratto Rayara Magale and Ani Bantu Ondu Ani, were widely performed.

His biographical novel Gohar Jan chronicles the growth of professional theatre music tradition.

He had converted his home in Channamma Nagar into a mini art gallery and used to paint till recently. He hailed from Kalaburagi where he worked as a college professor for some years. He had settled in Belagavi after his retirement as the Deputy Director of Kannada and culture.

He had won the Karnataka Rajyotsava Award.

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News Network
January 11,2020

Mangaluru, Jan 11: CISF officials detained a passenger at Mangaluru International Airport here and seized from him currencies of foreign countries worth about Rs five lakh here on Saturday.

Official sources said that the passenger, identified as Shahul Hameed Theruvath, was supposed to take the Spice jet flight SG 059 for Dubai.

During the X BIS screening process, CISF officials noticed some suspicious image in Shahul’s hand baggage.

The thorough check of bag revealed foreign currencies of various countries worth Rs 5.48 lakh. The seized currencies were 76 US dollars of 100 denomination, Chinese Yuan, Malaysian Ringgits and Turkish Lira of smaller denomination. The currencies that were in his possession did not have any legal permission.

The personnel handed over the foreign currency recovered and the passenger to Customs officials for further inquiry.

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