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
February 24,2020

Kalaburagi, Feb 24: Former Karnataka chief minister Siddaramaiah on Monday alleged that dissatisfaction and unhappiness are rising among the local Bharatiya Janata Party MLAs and the party might soon witness large scale defection.

Addressing the media, Mr. Siddaramaiah said many of the BJP MLAs have openly expressed their disappointment and unhappiness with the BJPs high command and also with Chief Minister B S Yeddyurappa's attitude towards them and they have said that they want to join the Congress at the earliest.

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News Network
January 1,2020

Kalaburagi, Jan 1: Fighting penury and partial blindness in one eye, a 39-year-old part-time Kannada lecturer from Kalaburagi district is set to become a commercial tax officer after cracking the Karnataka Administrative Services.

Ambadas Kamble, from Kotana Hipparaga village in Aland taluk, had to take a three-year gap during his school and college years - one-year break after completing Class VII and two years to clear subjects after he failed in II PU examinations. During those three years, he joined his brothers in masonry work to supplement the family's income.

Sweeping aside all hurdles with grit and determination, Ambadas studied Kannada literature for both undergraduate and postgraduate to land the post of a part-time lecturer in a Kalaburagi college. His father died when he was a child, and mother Chandamma supported her family of six - besides, Ambadas, she has two sons and two daughters - by working in houses in the neighbourhood.

Ambadas said he would like to dedicate his success to his mother, who died in the year 2012. "My mother encouraged me to chase my dream - financial difficulties notwithstanding - and allowed me to spend time in the library when my siblings were busy doing menial jobs to fund my education. I'm grateful to my brothers too," he said.

His two brothers are working as masons in Mumbai, having quit studies midway and deciding to support Ambadas - the first in the family to complete graduation. He did high school at Tadkal village in Aland taluk, and college in Kalaburagi.

The lecturer, who's 40% blind in the right eye, cracked the KAS examinations in his third attempt and stood 706th in the state. He has been selected for first-grade officer's post. Alongside, he's doing PhD in Kannada literature.

When his efforts finally paid off, Ambadas landed four job offers: Hostel warden at Morarji Desai hostel, at an SC/ST hostel, post of a lecturer and the tax officer's post. He picked the fourth to serve the state in right earnest.

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News Network
July 5,2020

Bengaluru, Jul 6: With a record 1,925 new cases across the state during the last 24 hours, Karnataka's Covid-19 tally rose to 23,474 including 13,251 active after 9,847 were discharged till date, an official said on Sunday.

"Of the total cases across the state on a single day, Bengaluru accounted for 1,235, taking its positive tally to 9,580, including 8,167 active," said the health official in a statement.

With 37 succumbing to the disease in the state, including 16 from Bengaluru, the state's death toll increased to 372, with 145 from this tech city since March 9.

Of the 603 discharged from across the state during the day, 302 were from Bengaluru, taking its total number of cured to 1,267 so far.

Of the 243 cases in the intensive care unit (ICU) across the state, 132 are in Bengaluru, 15 at Dharwad, 12 at Kalaburagi and 10 each at Ballari and Raichur.

Of the 16,899 samples tested in the day, 14,649 were negative and 1,925 positive. Of the total 7,06,425 samples tested so far, 6,65,525 were negative and 23,474 positive.

After Bengaluru, Dakshina Kannada reported 142 positive cases followed by Ballari 90, Vijayapura 57, Kalaburagi 49 and Udupi and Dharwad 45 each.

Of the total 603 discharged, 52 were from Kalaburagi, 37 from Ballari, 36 from Dakshina Kannada and 22 each from Udupi and Dharwad.

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