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 3,2020

Kasaragod, Feb 3: The third novel coronavirus case has been reported in India, with another Keralite student who returned from Wuhan University on Monday testing positive for the infection.

The medical student is in an isolation ward at Kanhangad government hospital in Kasaragod, Health Minister K K Shailaja informed the state assembly.

The condition of the student is "stable", she said.

Out of the 104 samples tested till Sunday, three have tested positive.

This is the third positive case reported from Kerala.

Two earlier positive cases, also of students who came back from Wuhan, the epicentre of the virus, were reported from Thrissur and Alapuzha districts.

The minister made the statement in the assembly under Rule 300 in the wake of three positive cases reported from the state.

A total of 1,999 people, who have a travel history from China and other affected countries, are under observation in Kerala, of whom 75 are in isolation wards of various hospitals.

The remaining 1,924 are under home quarantine as per a medical bulletin issued on Sunday night.

The minister has made it clear that those under observation at home should keep away from public functions and should not participate in any events or go out of their homes during the 28 day incubation period.

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News Network
March 16,2020

Madikeri, Mar 16: Three suspected cases of COVID-19, who returned from a foreign country recently have been admitted to the isolation ward of the district hospital here, the district administration said on Monday.

The samples of the suspected cases have been sent for lab tests and the reports are being awaited, sources said.

As many as 74 people have been placed under home quarantine in Kodagu (also known as Coorg) as a precautionary measure following their return from abroad, a press note from the Deputy Commissioner Annies Kanmani Joy said.

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News Network
February 28,2020

The Karnataka BJP, which faced action on Twitter earlier this month over incendiary tweets, this time has passed the blame of Sangh Parivar sponsored Delhi violence to the victims.

In an insensitive tweet on Friday, it dubbed the protests against the notorious Citizenship Amendment Act (CAA) as "fake" and added that the violence that followed was "the most well-planned assault on the Idea of India," in an apparent attempt to portray the victims as villains.

The handle, notorious for tweets targeting Muslims, blamed the clashes that erupted in Delhi between people demonstrating for and against the CAA on "so called 'Peacefuls'" - a known right-wing slur for Muslims.

Many people on social media called out the tweet for misleading people and covering up the role of Delhi BJP leader Kapil Mishra's provocative speech for triggering the violence or the failure of the Delhi Police, which reports to the former BJP chief and Union Home Minister Amit Shah, in controlling the riots.

Earlier this month, the Karnataka BJP had tweeted a video of Muslim women standing in queue to vote in the Delhi elections, showing their voter ID cards, with the snarky caption: "Keep the documents safe, you will need to show them again during NPR (National Population Register) exercise."

Soon after, the party unit's Twitter handle was blocked by the social media platform for 24 hours after many accused it of encouraging Islamophobia.

NPR has been widely criticised by opposition parties as a precursor to the government's planned NRC or National Register of Citizens which intends to make Indians prove their citizenship with documents that many poor or illiterate do not possess.

Many fear that combined with the already imposed CAA - which promises citizenship to only non-Muslim refugees from Pakistan, Afghanistan and Bangladesh - the NRC can be used to make millions of Muslims stateless.

The government has denied the allegation and said the CAA only intends to help those who have faced religious persecution. In recent weeks, it has gone back on its rhetoric on the NRC which was announced by Amit Shah in parliament as "it will certainly happen".

The CAA, which was cleared by parliament in December, has triggered deadly protests in the country which left at least 25 dead till Sunday. Since then, at least 42 more people have been killed as large-scale violence erupted in northeast Delhi and hundreds of homes and shops have been burned to the ground.

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