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 Networks
March 7,2020

Bengaluru, Mar 7: Karnataka Chief Minister BS Yediyurappa on Friday said that the Upper Krishna Project (UKP) will be completed within the next three years.

Speaking in the Assembly, the Chief Minister said: "After discussing with the officials of the finance department, we have decided to allocate Rs 10,000 crore funds for the third phase of UKP. This project will be completed within a span of three years."

Yediyurappa also said that the government will hold talks for additional funds from the Central government.

The leader of Opposition, Siddaramaiah, interrupted and said that the CM has announced this just to gain the confidence of MLAs from north Karnataka.

"The government could have announced it in the budget itself or else the Chief Minister could have announced it at the time of discussion on the budget. Where are the funds with the government to complete the project? CM has announced this just to gain the confidence of MLAs who hail from north Karnataka," said Siddaramaiah.

Deputy Chief Minister Govinda Karajol while speaking to the media welcomed the Chief Minister's statement and said that the earlier government didn't allocate a single penny in the last seven years he added.

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News Network
April 28,2020

Bengaluru, Apr 28: Former Chief Minister Siddaramaiah on Tuesday demanded that the Karnataka government announce a "special package" for unorganised sector workers, street vendors and autorickshaw drivers, among others, all daily wagers whose lives are affected by the COVID-19 lockdown. "..a special package needs to be announced to this section of people, this is the demand," Siddaramaiah, who is also Leader of the Opposition in the state assembly, told reporters here.

Alleging that the government has failed to control the spread of coronavirus, he said it is the government's responsibility to take care of the basic needs of those from the unorganised sector, whose lives have been impacted by the lockdown. "It is the duty of the government and they should do it immediately. The package should also be announced. I will hold discussions with leaders of other opposition parties like JD(S), CPI, CPI(M) and BSP in this regard and also on trouble faced by farmers," he added. Alleging discrimination in supply of food packets and ration kits, Siddaramaiah said it was being supplied properly only in constituencies represented by BJP legislators.

"Politics is being played out in supply of food materials to the needy, keeping corporation elections in mind.... We don't want to do politics at this point in time as there is lockdown. If things continue to be the same after the lockdown ends, we will protest on the streets," he said.

Siddaramaiah on Tuesday interacted with representatives of auto rickshaw and cab drivers, street vendors, barbers, unorganised workers organisations, among others, to understand the difficulties faced by them during the lockdown and to know whether help from the government has reached them. He said most of them don't have work and it has become difficult for them to lead their normal lives.

They raised several issues like auto and cab drivers being unable to pay road tax and EMI, he said, adding that he would write a detailed letter to the Chief Minister in this regard The former Chief Minister pointed out that there is about 21 lakh registered organised workers, 1.32 crore lakh unorganised workers and also agriculture labourers in the state.

"Among organised workers only 12.5 of the 21 lakh are said to be getting Rs 2000, that too from the Employees Welfare Fund, while others could not get any money, citing reasons like they have not renewed it," he said.

On the other hand, unorganised sector workers don't get money and were also not getting proper food or ration kits, he alleged Though the labour department claimed that it was supplying one lakh food packets and 1.5 lakh ration kits, as also corporations, there were leakages and it was not reaching the beneficiaries properly, he said.

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News Network
January 8,2020

Bengaluru, Jan 8: The Karnataka government on Tuesday decided to adopt a no-fail approach for Class 7 examinations for government and private schools following the state syllabus.

The report card of a student doesn’t carry ‘pass’ or ‘fail’ remark, but points to his or her strengths and weaknesses in each subject in the exams, which will now be called Common Evaluation Exam.

The quality cell of the Karnataka Secondary Education Examination Board (which conducts SSLC exams) will prepare question papers, which will be evaluated at the district level by government and private schoolteachers. The Class 7 exams will be held in March.

The Common Evaluation Exam follows the Continuous Comprehensive Evaluation (CCE) currently practised under the Right to Education Act. “The formative and summative assessments (tests, projects and quizzes) will be held as usual,”KG Jagadeesha, commissioner of public instruction, said.

Edu dept to launch helpline by March

For the March exam, summative assessment 2 will be held with half the syllabus. Other modalities (exam duration and total marks) will be announced next week,” said KG Jagadeesha. The CCE system will continue for classes 8 and 9. The government hopes the exam and subsequent interventions in classes 8 and 9 will boost students’ confidence for crucial board examinations.

Minister S Suresh Kumar said, “More than an exam, it’s an evaluation of a child’s knowledge. The Belagavi division has done something similar. The Kalaburagi zone found mathematics and science were areas of concern; language was an issue in Urdumedium schools.” The minister said zilla panchayat CEOs have observed that intervention should start from class 8. “Keeping this in mind, we’ve started necessary preparation for class 7 exam ,” he added.

The education department will start a helpline by March for students, teachers, school managements and educationists to 11 raise problems on day-to-day issues.

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