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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coastaldigest.com web desk
July 24,2020

Indore, Jul 24: A woman who sells fruits on a cart and who lashed out at municipal officials here has done PhD in Materials Science. Her siblings too are well educated and sell fruits as they did not find jobs.

Dr Raisa Ansari, who lives at Bakery Street in Pardeshipura with her family said she wanted to be a scientist but did not get a job anywhere.

Speaking to media persons, Raisa said, "I have done PhD in Materials Science and wanted to be a scientist but did not get job anywhere. I sell fruit here but the municipal officials are bothering us. We are being forced to move from here to there like cattle. Our religion may be the reason why we are not getting jobs but we are proud to be Indian. I am still looking for a job."

Dr Raisa's mother Ayesha Ansari said she herself is not educated, but has four children of whom three girls and one boy studied a lot but no one got job.

Speaking to media persons Ayesha said, "I have four children and they are well educated. I have not studied but all my children are educated but did not get job so all of them sell fruits."

"When the matter came to marriage, one of the daughters got married. Raisa and Shahjahan Bi wanted an educated boy, but they were not able to find a suitable match because of their complexion and sometimes they rejected the proposal because of dowry, so both are single. Two of my grandchildren are studying biology. They will become doctors," said Ayesha.

Meanwhile, people in the neighbourhood lauded the family's abilities. They said theirs was an educated family had to sell fruits as they did not get jobs.

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News Network
March 29,2020

Bengaluru, Mar 29: There was no shortage of masks and testing kits for detecting coronavirus cases in Karnataka and the government would import them if a need arose, Chief Minister B S Yediyurappa on Sunday said.

Apprising leaders of political parties on measures taken by his government to combat spread of coronavirus, he also told an all-party meeting that the government has decided to provide life insurance cover to police and civil workers and has taken extra precautions to maintain supply of food grains.

"There is no shortage of testing kits, medicines and masks. If there is need, we will import more... We will distribute testing kits to all the district and Taluk hospitals," he was quoted as saying in a government release.

The state has so far reported 76 COVID-19 cases including three deaths and five discharges.

At the meeting held in the Vidhana Soudha here, former chief minister and senior Congress leader Siddaramaiah said there were shortcomings in the screening of passengers coming from abroad and stressed on the need to maintain supply of essentials.

Yediyurappa said supply of foodgrains would be made through Public Distribution System and the government had taken extra precautions to avoiod any difficulties.

He told the leaders that there was no restriction on agriculture activities in the state.

"I have been regularly holding meetings since March 13 regarding the measures taken to contain the transmission of COVID-19," the chief minister said.

Health Minister B Sriramulu, Medical Education Minister Dr K Sudhakar, IT-BT Minister C N Aswath Narayan, Deputy Chief Minister Laxman Savadi, Siddaramaiah, JD(S) MLAs H D Revanna, D K Shivakumar and former speaker K R Ramesh Kumar attended the meeting.

Yediyurappa said a task force comprising of ministers and officials has been formed to oversee the implementation of the government orders in view of the 21-day lockdown.

He highlighted the prevailing situation across the globe saying normal life has been paralysed everywhere.

The chief minister also brifed the leaders about the number of clinics all over the state, availability of medicines and protection gear for the doctors and in quarantine rooms in the state.

Flagging concerns over screening process, Siddaramaiah said around 4,500 people were yet to be tracked, which need to be taken up on a warfooting.

"The government is saying that we have not reached the third stage but in Nanjangud, a person contracted the disease though he does not have any travel history. This must be probed," he said.

The former former chief minister asked the government to make sure that the free distribution of food grains to weaker sections take place without any difficulty from April 1, as announced by the Central government.

He objected to police 'excesses' while enforcing lockdown.

Siddaramaiah also asked government to bring the police personnel under special insurance cover.

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coastaldigest.com news network
January 15,2020

Mangaluru, Dec 15: A bandh-like situation prevailed in many parts of Dakshina Kannada on Wednesday as thousands of people closed their shops and business establishments to support the ant-NRC protest at Adyar Kannur in Mangaluru.

The protest is jointly being organised by the various Muslim organisations of Dakshina Kannada and Udupi district under the leadership of Muslim Central Committee against the Citizenship (Amendment) Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) besides the “categorical mistreatment” of Muslim community at the hands of the police across the country including in Mangaluru.

In Mangaluru city, even though people woke up to a normal Wednesday, by afternoon most of the Muslim-owned shops were closed.

Muslim dominant areas of the district such have observed half-day bandh. In regions like Ullal, Thokkottu, Bantwal, BC Road, Kalladka too a majorty of the Muslim business establishments remained shut afternoon.

Also Read: 

#MangaluruAgainstNRC | Sea of protesters converge at Adyar ground to assert their identity

‘Who are you? Are you British?’ PFI leader lambasts Mangaluru top cop at anti-NRC protest

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