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 .

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 6,2020

New Delhi, Jun 6: With the coronavirus pandemic showing no signs of abating, it seems unlikely that Muslims from India will be able to undertake the Hajj pilgrimage this year.

However, the government will take a final decision on the matter only after Saudi Arabia makes its position on hosting the pilgrimage clear.

A circular issued by the Hajj Committee of India on Friday said only a few weeks are left for the preparatory work in India for Hajj 2020, yet the Saudi authorities have not communicated any further development regarding the pilgrimage.

"In view of the several inquiries received and concerns expressed over uncertainty over Hajj 2020, it has been decided by the Hajj Committee of India that, those pilgrims who desire to cancel their Hajj journey this year, their 100 per cent amount paid so far will be refunded without any deductions," the circular issued by Hajj Committee of India CEO Maqsood Ahmed Khan said.

"Coronavirus cases are increasing in Saudi Arabia and two lakh people have to go from here. We had made preparations, but now there is very little time left. We are waiting for an official word from Saudi Arabia," a top source said.

In response to a question, the source said, "This time, it is unlikely that people will be able to undertake Hajj from India."

Uncertainty has been looming large over this year's Hajj in the wake of the coronavirus pandemic and though Saudi Arabia has not made a decision on whether the annual pilgrimage will be held or not, it did ask Muslims to delay their bookings till there is more clarity.

The bilateral annual Hajj 2020 agreement between India and Saudi Arabia was signed last December. In 2020, a total of 2 lakh Indian Muslims were expected to perform Hajj.

Over 95,000 COVID-19 cases and more than 600 deaths have been reported in Saudi Arabia due to the coronavirus pandemic, according to Johns Hopkins University data.

Some countries have decided not to send their people for Hajj this time. The most prominent among these is Indonesia, the country with the largest Muslim population in the world.

The Hajj 2020 is proposed in the period between late July and early August.

The Hajj is one of the five pillars of Islam which every Muslim is required to complete at least once in their lifetime if they are healthy enough and have the means to do so.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 28,2020

Chikkamagaluru, Jan 28: Karnataka Deputy Chief Minister and Minister for Public Works Govind Karjol on Tuesday said that he is ready to quit if the post asks him to do so to pave way for smooth expansion of the Cabinet.

Responding to a question from media persons on the issue here, he said he was ready to quit his post any time.

“If the party asks me to resign now, I will send back my official car and return by bus”, he added.

Further, he opined that there should not be efforts to seek a berth in the Cabinet based on caste.

“Putting pressure on the party based on caste is not right. The party will consider those who worked for the party and also take district-wise representation into account while filling up the vacancies”, he added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 19,2020

Bengaluru, Mar 19: The Karnataka government has extended the statewide coronavirus shutdown till March 31 as the number of positive cases rose to 14, of whom 11 are those who came in from foreign countries.

In an emergency Cabinet meeting, the state government set up a task force of four ministers to lead the defence against the virus. This core team will have Rs 200 crore to orchestrate the combat.

When chief minister B S Yediyurappa announced the shutdown last week, it was to be in force until March 21, but it was always unlikely that the Covid-19 scare would have waned by then.

Several more restrictions were announced today. Quarantine will be mandatory for all passengers arriving from foreign countries. While schools, colleges and business establishments will continue to be closed, restrictions have been extended to marriages, fairs and social functions as well.

Public entry to Vidhana Soudha, Vikas Soudha and the M.S. Building has been barred till March 31.

While setting up the task force, the government has earmarked Rs 200 crore for the coronavirus campaign. The chief minister said there is no dearth of funds for fighting the virus.

The task force will have deputy chief minister Ashwathnarayana, home minister Basavaraj Bommai, medical education minister Sudhakar, health and family welfare minister B Sreeramulu and chief secretary T M Vijaybhaskar.  Sreeramulu will head the task force.

The task force will monitor coronavirus cases on a daily basis and orchestrate the response of all stakeholders. It will issue a daily bulletin on the epidemic and also run awareness campaigns.

With quarantine now mandatory for passengers coming in foreign countries, community centres, hotels, convention centres, resorts and even PGs will be rented to accommodate the new arrivals.

The compulsory quarantine will be for 15 days.

A quarantine stamp will be imprinted on the right hand of passengers coming in from foreign countries.

Since the Centre has relaxed the rules for using SDRF funds, the state government will draw from it to contain the pandemic; therefore, there will be more funds available to all districts, chief minister B S Yediyurappa said in the Assembly.

In further measures, all passengers and suspected Covid-19 cases will be tracked by their mobile phones.

Primary stage

“We are in the first and second stages of the epidemic. The virus is still at a primary stage and has not spread to community level," medical education minister Sudhakar said in the Assembly.

"It is important that we do not let the epidemic enter the third stage. It is possible if we implement stringent measures. People have responded positively to the state government’s measures and are cooperating with our decisions," Sudhakar said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.