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
April 27,2020

Bengaluru, Apr 27: Janata Dal-Secular leader and former Karnataka chief minister HD Kumaraswamy on Monday said that the government should work towards lowering the cost of living as the spending power of the consumer has weakened, and it should impose COVID cess on the ultra-rich.

"The economy won't bounce back within a very short period. It is important to lower the cost of living as the spending power of the consumer has depleted. The government must cut the petrol/diesel prices. The loss of revenue may be offset partially by imposing COVID cess on the ultra-rich," Kumaraswamy tweeted.

"According to RBI and international economic assessment agencies, the GDP growth rate of the country is expected to fall to a historic low. Such a dire situation calls for citizen-centric measures like full or partial waivers of EMIs, rents, school fees, and other levies," he added.

Kumaraswamy further said that the government must announce schemes to save the livelihoods of people, especially those in the unorganised sector.

"It is high time the government announced schemes to save livelihoods of people, especially those in the unorganised sector. The government must provide immediate relief to farmers, construction workers, cab and auto drivers, garment workers, etc," the former Karnataka CM tweeted.

The Confederation of Indian Industry (CII) had said on April 23 that India's economic growth is likely to hover between zero and 1.5 per cent in the current financial year as the extended COVID-19 lockdown slows down activity across most sectors.

India is under a nation-wide lockdown which was imposed on March 25 and later extended on April 14 to May 3 to stem the spread of coronavirus.

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News Network
February 10,2020

Belagavi, Feb 10: In comments that raised eyebrows, Ramesh Jarkiholi, who quit the Congress and joined the BJP and who took oath as minister last week, said his brother Satish has a bright future. The two siblings have rarely seen eye-to-eye — at least in public — in recent times.

He also trained his gun on Congress leader DK Shivakumar, sarcastically thanking the Congress MLA for his meteoric rise. “Had Shivakumar not stood against me, I would not have emerged as a tall leader in the state. I must thank him,” Ramesh said.

The Gokak MLA said Satish of the Congress, the most politically-savvy of the five Jarkiholi siblings, would reach “the top” in his political career. However, he advised him “to inculcate patience and adopt strategies”. “He should make his moves at the right time as timing is very important in politics,” Ramesh said.

He also urged Satish to keep his supporters happy. “Many of his followers are disappointed with his leadership because he does not extend a helping hand to his own people. In the present political climate, people do not endorse a leader who only talks about Buddha and Basava,” Ramesh said.

Ramesh took a dig at Lakan, the youngest sibling, saying, “Lakan speaks ill about me most of the time. He does not understand much. But we brothers are one when it comes to family. We are united when it comes to family matters, but when it comes to politics, we are at loggerheads.”

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News Network
January 10,2020

Dubai, Jan 10: Indian expats in Dubai and the northern Emirates will now be able to get passports issued on the same day under certain conditions, including a higher fee, the Consulate here has announced.

Consul General of India in Dubai Vipul on Thursday announced that the Consulate will start issuing tatkal passports (issued in emergency cases) on the same day, the Gulf News said in a report.

Vipul made the announcement during the Pravasi Bharatiya Divas (Non Resident Indian-NRI Day) celebrations at the consulate.

He said the same day issuance service for tatkal passports can be availed only if the application is submitted before noon at the office of BLS International, the outsourced service provider for Indian passport and visa applications, in Al Khaleej Centre, Bur Dubai.

"We already issue tatkal passports in 24 hours. We are going one step beyond that. We are going to issue tatkal passport on the same day if it is applied for before 12 noon. By evening, we can issue the tatkal passport," the Consul General added.

The mission receives about 850 passport applications daily.

Last year, the consulate issued more than 200,000 passports, over 2500 emergency certificates (one-way travel document), over 2,800 police clearance certificates and provided 72,000 attestation services including registration of births and deaths, according to Vipul.

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