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.

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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 17,2020

Bengaluru, Jun 17: Amid rising COVID cases in the past two weeks, the Karnataka government is planning to increase testing capacity to 25,000 samples a day, said a minister.

"Due to increase in cases in the last two weeks, the government is trying to scale up testing to 15,000 to 25,000 samples per day," said Medical Education Minister K. Sudhakar.

He said people living in crowded places, sanitation workers, street vendors, healthcare workers, police and other frontline staff would be extensively tested.

"It has also been decided to mandatorily test all those who have symptoms of Influenza Like Illness (ILI) and Severe Acute Respiratory Infection (SARI)," he said.

Similarly, all people over 50 with ILI symptoms will be tested.

The health department will also randomly test samples in old containment zones to make sure that the infection is not recurring.

Currently, there are 72 Covid testing labs in the southern state, 41 government operated and 31 private labs.

However, for a few days, the number of Covid tests in the state have plummeted.

On Monday, the health department has tested only 5,362 samples across the state.

Likewise, on Tuesday, only 7,936 samples were tested, diverging from earlier weeks when around 10,000 cases were tested on an average.

In all, 4.57 lakh samples have been tested so far, of which 4.39 lakh have tested negative.

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News Network
January 21,2020

Kochi, Jan 21: Eight tourists from Kerala were found dead in a resort at Daman in Makwanpur district of Nepal, reports said. The dead include a couple and four minor children.

The deceased were identified as Praveen Kumar Nair (39), Saranya (34), Ranjith Kumar T.B (39), Indu Ranjith (34), Sreebhadra (9), Abhinav Soorya (9), Abhi Nair (7) and Vaishnav Ranjith (2).

The deceased are from Chengottukonam in Thiruvananthapuram and Kundamangalam in Kozhikode. Praveen, a travel enthusiast hailing from Chengottukonam, went on the Nepal trip with his wife, three children and friends from Kochi, last week.

 “They were using a gas heater in the room. Suffocation might have caused their death,” said superintendent of police Sushil Singh Rathore of the District Police Office in Makwanpur, news agencies reported.

According to newspaper reports here, the deaths occurred at a resort named Everest Panorama. They were airlifted to HAMS hospital where they were pronounced dead on arrival, superintendent of police Sushil Singh Rathaur said.

They were part of a group of 15 people travelling from Kerala to Pokhara, a popular mountain tourist destination, The Himalayan Times reported.

They were on their way back home and stayed at Everest Panorama resort in Daman in Makawanpur district on Monday night.

The tourists are suspected to have died of asphyxiation after turning on the gas heater and shutting all the windows to keep warm.  Hotel staff opened the room using duplicate keys as there was no response from the rooms when the other members of the group went to check on them.

According to the manager of the resort, the guests stayed in a room and turned on a gas heater to keep themselves warm. Although they had booked a total of four suites, eight of them stayed in a room, the manager said, adding that all the windows and the door of the room were bolted from inside.

“All arrangements have been made to bring the bodies to Kerala at the earliest. The Union government is coordinating with the Indian Embassy in Nepal. A doctor from the Indian embassy will be present during the post mortem. Other members of the group are being brought to Kathmandu by road,” said Union minister V Muraleedharan.

Chief minister Pinarayi Vijayan said that NORKA will coordinate with Nepal authorities to bring dead bodies.

 “Embassy officials are at the government hospital where a post mortem is being done. Formalities will be completed at the earliest and arrangements are in place to bring dead bodies by Wednesday evening. State government is in constant contact with Nepal authorities,” said Kadakampally Surendran, tourism minister.

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News Network
May 28,2020

Bengaluru, May 28: A thousand government schools in Karnataka are set to get Englishmedium sections from this academic year (2020-21). These institutions will function in both English and Kannada medium.

The decision was taken by primary and secondary education minister S Suresh Kumar and officials of the education department at a meeting on Wednesday.

Suresh Kumar said dualmedium will help improve the standard of schools and enable their development. The poorest of the poor spend almost 40% of their income on their children’s education in private schools. With the introduction of dual-medium, the government hopes such families will be able to save their earnings, he said. These schools will impart lessons in both English and Kannada. They will also provide textbooks in both languages.

‘Kannada must for all’

The meeting reviewed implementation of the compulsory Kannada Language Learning Act, 2015. Officials from the Kannada Development Authority were present at the meeting who claimed that some private schools have failed to implement the Act properly.

“Action will be taken against such institutions. Every child studying in schools across the state must learn Kannada,” Kumar said at the meeting.

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