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

Belgaum, Apr 27: A CRPF COBRA commando was thrashed and dragged to police station barefoot by police allegedly for violating lockdown norms here in Belgavi district.

Sachin Savant, the CRPF commando of 207 COBRA was arrested by police personnel of Sadalga Police Station on April 23 on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The incident took place when the commando was cleaning his motorcycle in front of his house at Examba.

Images of the jawan being tied up in chains and the video of the incident have created furore on social media.

Calling it an "unfortunate incident", CRPF Additional Director General (Operations) Sanjay Arora wrote to Karnataka DGP Praveen Sood.

"In an unfortunate incident, Ct Sachin Savant of 207 COBRA was arrested by police personnel of Sadalga Police Station, Distt Belagavi, on Apr 23, on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The individual was on extended leave and cleaning his motorcycle in front of his house, at Examba, when the incident took place," Arora said in a letter to DGP.

In the video of the incident, the commando is seen standing near a bike, while multiple police personnel indulge in a verbal spat with him. A police personnel can be seen repeatedly pushing and shoving the jawan. The commando retaliates after he was attacked with a lathi by the police.

"Reportedly, a skirmish had taken place between the COBRA commando and the Beat police personnel over wearing of a mask, following which he was manhandled and ill-treated, before his family members, and paraded to the police station barefoot, where he was kept in chains and handcuff," CRPF ADG said.

He said the viral video shows that police personnel's conduct was not "citizen-centric".
Stressing that this "unpleasant situation" could have been avoided, if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest, he said: "CRPF is a very reputed force, with high standards of discipline, and we have the institutionalized mechanism for taking care of such situations."
Arora asked that Karnataka DGP to get the matter inquired and provide justice.

Meanwhile, CRPF spokesperson M Dhinakaran said the bail plea of the commando will be taken up in the court on Tuesday.

"We have taken up the case with State Police Chief of Karnataka. On Tuesday, his bail plea case is coming before the court. The CRPF will be in court through a local officer. Thereafter, an investigation into the matter shall be followed up to take it to the logical conclusion," said Dhinakaran.

Giving clarification on the matter, Belgavi Superintendent of Police told media that the CRPF jawan was found roaming with friends, who ran away on seeing police. However, the jawan was caught without a mask.

"The jawan was standing without wearing a mask. When policemen on duty asked him why he is not wearing a mask, he started arguing asking them who are you to ask and I am from CRPF, thereby violating the orders promulgated by DC," he said.

The SP also claimed that the jawan lost his cool and kicked the stomach of one of the constables.

"The jawan held the collar of the police constable and started pushing him aggressively. Another head constable, who is old, came to the rescue of his fellow colleague. Later the jawan was taken to the police station and a case was registered under various sections of IPC and Section 3 of Epidemic Disease Act against him," he said.

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coastaldigest.com news network
July 5,2020

Mangaluru, July 5: Two children died after getting trapped under the debris of a landslide which occurred at Banglagudde in Kaikamba on the outskirts of Mangaluru today.

The deceased are identified as Safwan (16) and Sahala (10).

The rescue teams including personnel from NDRF, fire service and police brought out the body after four hours of rescue operation.

According to sources, landslides occurred at 12:30 pm and of the five members, three ran out of the house. The two kids got trapped in the debris.

The heavy rain in the last two days has softened the soil of the hillock. An Auto-rickshaw, lorry and a bike too have buried under the soil.

It was said that caving in of the hillock continued even when the rescue operation was in progress, thus making the rescue operation difficult.

District-in-Charge Minister Kota Srinivas Poojary who visited the spot said two houses have been completely damaged and inmates of 14 houses that are facing the problem in the vicinity will be shifted to safer locations.

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coastaldigest.com web desk
June 18,2020

Vijayapura, June 18: Shoukat Ali Sumbad, a local farmer, has donated land for the construction of Chennamma memorial, modelled on the Kittur fort, at Sindagi town in Vijayapura to celebrate the town's connect with the valorous Lingayat queen who fought the British in 1824.

Basava Jaya Mrutyunjaya Swamiji of Lingayat Panchamasali Peetha Kudala Sangam said Shoukat Ali came forward to donate his land adjacent to the state highway when local authorities failed to provide land for the memorial. 

"The committee led by Basava Jaya Mrutyunjaya Swamiji sought a 15x10 plot but when I went through their plan of constructing a model of Kittur fort, I decided to donate 425 sq ft," said the 61-year-old farmer. 

"Rani Chennamma is the pride of every Indian, irrespective of caste and creed, and my contribution is nothing compared to her sacrifice for the nation," he added.

Shoukat Ali, who lives in the neighbouring town of Almel, said he is a man of modest means but proud to make the contribution. "I own nine acres of land in Almel. I have six sons and two daughters. Two of my sons run small businesses in Mumbai. Ten of us live in a small house in Almel," he said.

“I also work as a broker to sell or buy sites. I had bought 15 guntas of land in Sindagi for my children some 15 years ago. When our MLA MC Managuli and Swamiji sought land for the memorial, my entire family agreed wholeheartedly” Shoukat Ali said.

“As Chennamma’s history is linked to Sindagi, there has been a demand for a memorial here since 2008, but the town municipal council failed to provide land due to political and technical reasons,” said Swamiji. 

“There were plans to observe a Sindagi bandh in the first week of June to protest the indifference of authorities. But then Sumbad gave us his land. We have formed a committee to construct a model of Kittur fort and a bronze statue of Chennamma at a cost of Rs 28 lakh,” he added.

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