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
March 25,2020

Bengaluru, Mar 25: Karnataka Minister Dr K Sudhakar has been allocated all matters related to COVID-19 by the Governor on the advice of Chief Minister BS Yediyurappa.
Health Minister B Sriramulu, who earlier handled matters related to COVID-19, has been allotted the Backward Class Welfare Development portfolio.
Karnataka on Monday announced a complete lockdown in the state till April 1.
"In the wake of the coronavirus outbreak, the entire state will be locked down from 12 o'clock night of March 23 to April 1. People are requested to strictly follow it to contain the coronavirus spread," Yediyurappa had said.

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News Network
June 9,2020

Dubai, Jun 9: A young NRI engineer in Dubai, who supported his pregnant spouse to file a plea in the Supreme Court of India for early repatriation from the UAE amid the coronavirus lockdown passed away in his sleep of suspected cardiac arrest.

The deceased identified as Nithin Chandran (28) and his wife Athira Geetha Sreedharan (27) had hit headlines in the past after the latter filed a writ petition seeking assistance to be repatriated to India, following the suspension of flights to the country, as she was due for the delivery of their first baby in the first week of July.

Chandran, a mechanical engineer was working at a construction firm in Dubai. According to the reports, he had stayed back in UAE after sending his wife home on the first day of repatriation from Dubai on May 7 under the Vande Bharat Mission.

The deceased was receiving the treatment for high blood pressure and a heart condition and is suspected to have died of a heart attack while asleep, his friend said. However, the exact cause of his death is yet to be known.

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News Network
January 12,2020

Mangalore, Jan 12: Thieves reportedly stole around 70,000 cash from a MESCOM ATP machine located at Chembugudde in Thokkottu, Police said here on Sunday.

Police said that the theft took place in the MESCOM sub-division office at Chembugudde. It was said that the thieves broke open the room where the MESCOM customers bill payment machine was located and stole 70,000 rupees cash from the ATP machine.

This machine had nine lakh rupees cash. The amount was reported to have been transferred at around 1500 hrs on Saturday.

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