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 1,2020

Bengaluru, Jun 1: Karnataka's Department of Health and Family Welfare on Sunday released the protocol for inter-state travellers to the State during phased reopening --#Unlock1.

Five points protocol in this regard are: 1. Mandatory Self- Registration on Seva Sindhu Portal by all travellers before entering Karnataka:

a. Name, Address and Mobile Number to be provided

b. No approval required

c. Use of same Mobile number for multiple registrations not allowed except in the case of a family.

d. Business visitors to give details (name, mobile and address of persons in Karnataka they intend to meet).

e. Transit travellers to provide an address in destination state and indicate exit check post from Karnataka.

2. Health Screening of all incoming persons at entry points.

a. Border Check-posts, Airports, Railway stations and Bus stand

b. Home Quarantine hand-stamping on hand for 14-days period as per quarantine norms

3. Quarantine norms are based on three parameters

I. Symptomatic on arrival from any State: 7 days of Hospital isolation at COVID Care Centre(CCC)/Dedicated COVID Health Centre (DCHC) followed by 7 days of home quarantine or manage as per symptoms.

II. Test immediately on arrival: If positive, shift to Dedicated COVID-19 Hospital (DCH). If negative, no further test required

III. Asymptomatic on arrival:

* For persons coming from Maharashtra

a) 7 days of institutional quarantine followed by 7 days of home quarantine

b) Test if they develop symptoms during the quarantine period

c) Exceptions for Special Category Asymptomatic persons--14-days home quarantine (one attendant to be permitted) and Special category passengers--Death in the family, Pregnant Women, Children aged below 10 years, Elderly aged above 60 years, Serious illness, Human Distress

d) Business travellers from Maharashtra: To establish that one is a business traveller, a person should show confirmed return flight/train ticket which should not be more than 7 days later from the date of arrival.

In case one is coming by road, he/she should provide the address proof of person in Karnataka he intends to meet. In addition, the person should produce -- one having COVID-19 negative test certificate, which is not more than two days old -- exempted from quarantine.

One does not have a COVID-19 negative test certificate, such a person should go for institutional quarantine of two days within which COVID-19 test should be conducted at his/her own cost. After the test result is negative, the person is exempted from quarantine. No hand stamping of the business visitor is required.

e) All travellers from Maharashtra who come with COVID-19 negative test certificate from an ICMR approved lab, which is not more than two days old from the date of arrival, are exempted from seven days of institution quarantine. They can be asked to go for 14 days of home quarantine.

f) Transit traveller from Maharashtra: To establish that one is a transit traveller, a person should show flight/ train ticket for the onward journey which should not be more than 1 day later from the date of arrival. In case one is travelling by road, he/she should provide the identity proof and address proof in the destination state. Such traveller should be hand stamped if travelling by road as "Transit Traveller."

*For persons coming from other States

a) 14 days of home quarantine

b) Test if they develop symptoms during the home quarantine period

c) For persons where home quarantine is not possible, then institutional quarantine should be done, especially when we have a large family or no separate room for home quarantine, slum or overcrowded areas where home quarantine can not be followed.

d) Business visitors from the Other States: To establish that one is a business traveller, a person should show confirmed return flight/train ticket which should not be more than 7 days later from the date of arrival. In case one is coming by road, he/she should provide the address proof of the native State. No quarantine, and no hand stamping for business visitors from other states.

e) Transit traveller from the other States: To establish that one is a transit traveller, the person should show flight/train ticket for the onward journey which should not be more than one day later from the date of arrival. In case one is travelling by road, he/she should provide the identity proof and address proof in the destination state. Such traveller should be hand stamped if travelling by road as "Transit Traveller."

4. Home Quarantine: Home quarantine follow-up for all incoming persons except business visitors and transit travellers

A. For Rural Areas--

* Home quarantine poster on the home door.

* Information to two neighbours

* Gram Panchayat Task Force to carry an overall responsibility of Home Quarantine

* 3-Member team in every village to monitor

* Flying Squad: FIR against violation of home quarantine and shift to institutional quarantine

* IVRS Call-centre outbound calls

* Quarantine watch App-daily self-monitoring upload-Temperature, Finger-tip pulse-oximetry for elderly and persons with co-morbidity

B. For BBMP and other Urban Areas--

* Home Quarantine Poster on the home door.

* Information to two neighbours and resident welfare/apartment owner's association.

* Ward level team to carry an overall responsibility of home quarantine

* 3-member team at booth level to monitor along with the involvement of Resident Welfare/Apartment Owners' Associations

* Flying Squad: FIR against violation of home quarantine and shift to institutional quarantine

* IVRS Call-centre outbound calls

* Quarantine watch App: Daily self-monitoring upload- temperature, finger-tip pulse-oximetry for elderly and persons with co-morbidity

Karnataka government on Sunday issued guidelines, which will come into force from June 1 and continue till June 30.

According to the new guidelines, religious places and places of worship for the public, hotels, restaurants and other hospitality services, and shopping malls will be permitted to open from June 8.

Union Ministry of Home Affairs (MHA) on Saturday announced new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1.

In an order, Karnataka government said that phased re-opening of areas outside the containment zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW).

According to the Union Health Ministry, there are 2,922 confirmed COVID-19 cases in the State including 1,877 active cases, 997 recovered and 48 deaths.

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News Network
June 27,2020

Bengaluru, Jun 27: The Bengaluru Police Commissioner’s office on Infantry Road has been sealed after one of the staffers tested Covid-positive. It will remain shut from June 27 to 29. 

A senior police officer from the administrative department, in a media release, stated that almost the entire staff has been asked to work from home, while some have told to work from sub-divisions of DCP’s offices. 

It is said that one of the staffers, who recently reported for duty at Anti-Terror Cell (ATC), tested positive on Friday, and officials took a decision to seal the premises after the media got wind of it. 

Earlier, a function for Drug Observation Day too was held on the premises on Friday. The staff has not been asked to go on quarantine. 

Only a few staffers have been asked to come to the police control room situated in the same building.

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News Network
July 17,2020

Mysuru, Jul 17: Deputy Commissioner Abhiram G Sankar has ordered a partial lockdown in the City of Palaces Mysuru due to the increase in number of Covid-19 cases day by day.

As per the order, the lockdown will be in force from 0600 hours today till 0600 hours on July 24 at N R, Udayagiri, Lashkar and Mandi Mohalla Police limits in the city. In addition, it has decided to lockdown 400 meters from the house where Covid-19 patients have died.

The order further states that all the religious gatherings are prohibited and only parcel service is available to hotels.  Movement of vehicles is also prohibited but in emergency cases, it may be allowed.  Employees and people on essential services can go to work after producing their ID cards.

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