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.

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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
April 20,2020

Thiruvananthapuram, Apr 20: The Kerala government announced the relaxation of COVID-19 lockdown restrictions in two zones, allowing among other private vehicles movement in an odd-even basis and dine-in services at hotels from Monday.

State police chief Loknath Behera said the relaxations of restrictions imposed would come into effect in the Green and Orange-B zones in the state from Monday,an official release said.

Earlier, the Left government had colour-coded 14 districts of the state into four zones-- Red, Green, Orange-A and Orange-B, for containing the Covid-19 pandemic. Red zone comprises Kasaragod, Kannur, Kozhikode and Malappuram districts. In this zone, a complete lockdown will be in place until May 3 while two entry and exit points are allowed for carrying essential commodities to coronavirus hotspots. Orange-A zone comprises Pathanamthitta, Ernakulam and Kollam while orange-B zone comprises Alappuzha, Thiruvananthapuram, Palakkad, Thrissur and Wayanad.

The lockdown will be in effect until April 24 in this zone and then partial relaxation will be allowed. Kottayam and Idukki come under the Green zone, in which lockdown will be in effect until April 20 and then regulations will be eased. However, large gatherings, the functioning of educational institutions, religious functions, celebrations and travel outside the district will not be allowed in this zone.

Not more than 20 people are allowed to take part in weddings and funerals, according to government instructions. On the functioning of courts, the release said, "Courts in the Green and Orange-B zones will re-open on April 21 while that in Orange-A zone will start functioning from April 25. The courts will function with 33 per cent of staff. The cases will be heard via video conferencing."

Meanwhile, the Bankers' Council has announced that banks will function as per the usual timings from Monday in the state except four districts falling under the Red zone. The Transport Ministry has clarifiedthat public transport won't be allowed to ply in the state during the lockdown period. "Inter-district travel will not be allowed despite relaxations in the state, but essential services such as medical services, food supplies will not be stopped. However, in case of emergency, inter-district travel will be allowed with an affidavit prepared by the traveller," Behra said in a release.

On the implementation of the odd-even scheme for private vehicles, the police said, "Vehicles with odd numbers will be permitted on Mondays, Wednesdays and Fridays. Those with even numbers will be allowed on Tuesdays, Thursdays and Saturdays." Woman drivers travelling solo or with dependants are also exempted from it, police said. On Sundays, only those working for essential services are allowed to use their vehicles.

All education institutions, cinema halls, shopping malls, public parks, bars, places of worship will remain closed in all zones of the state. The health department and local administration, which carry out sanitation work before the monsoon, are allowed to operate. Four-wheelers are permitted to carry two passengers besides the driver and in case of a two-wheeler, only the driver will be allowed while the pillion rider is allowed in case the person is a family member.

On Dine-in services, a government order said it is allowed at hotels and restaurants until 7 PM in Green and Orange-B zone from Monday and in Orange-A zone from April 24. However, take-away counters can function until 8 PM, it said. Kerala on Sunday reported two positive cases of Covid-19 in the state taking the total number of affected to 401 while the health department announced that 13 people were cured.

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News Network
March 30,2020

Mangaluru, Mar 30: In continuing cases of tipplers in the southern states ending their lives due to non-availability of liquor during the lockdown, two men committed suicide in Karnataka's Dakshina Kannada district.

The two suicides were reported in Kadaba taluk on Saturday, police said.

Tomy Thomas (50), a rubber tapping labourer in an estate at Kutrupadi village of the taluk, was found hanging at his rented house on Saturday. Thomas, a native of Kottayam in Kerala, had joined at the estate here a month ago.

Local people said he was desperately moving around in the last few days asking about places where he can get liquor. He had also not reported to work in these days. The body has been kept at the mortuary of a hospital at Deralakatte.

In another incident, a 70-year old man, belonging to Kodimbala village in the taluk, allegedly hanged himself from the branch of a tree near his house at Nakur.

The deceased has been identified as Thomas, who had left his family here 30 years ago and had been working in Kerala. He had returned here only a few years back.

Sources said Thomas, an alcohol addict, was having health problems related to withdrawal. He has been living on pavements at Kadaba without going home.

Kadaba police has registered cases in connection with the two incidents.

Incidents of tipplers committing suicide have been reported in Kerala and Telangana in the past few days. Two men ended their lives in Kerala today while a 50-year old daily wage worker jumped to death from a building in Hyderabad on Friday.

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coastaldigest.com news network
January 8,2020

Mangaluru, Jan 8: No bandh-like situation prevailed in the coastal district of Dakshina Kannada, despite a nationwide strike called by trade union employees. Day-to-day activities are not disturbed, as buses and auto-rickshaws are moving as usual. 

However, in Bunder area, one of the business hubs of Mangaluru city, most of the shops today remained shut. As a result business was partially hit in the coastal city.

In other parts of Mangaluru city business firms, and market places are also open. Schools and colleges have not declared a holiday. government offices are also functioning as usually.

However, branches of many banks, excluding SBI, are closed for customers.

Members of various trade unions took out a rally and staged a protest in front of the Town Hall in Mangaluru.

Along with minimum wages, cancellation of contract labour system, no privatisation, welfare of farmers and other demands were also highlighted by the protestors. 

Slogans were also raised against Prime Minister Narendra Modi and anti-labour policies of his government. 

Members of AITUC, TUCC, AIUTUC, AIDYO, AIBEA, BSNLEU, INTUC, AIIEA, and associations of Anganwadi workers, mid-day meal workers, medical representatives, KSRTC employees, gram panchayat employees, and others took part in the protest.

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