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

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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 16,2020

Bengaluru, Apr 16: The lockdown in the wake ofthe coronavirus pandemic has turned out to be a deeply painful story for the Kannada film industry.

Schedules have gone awry following the stay-at-home curbs and operators in Sandalwood, as the industry is popularly known as, say about 100 films under production are affected.

They include big budget movies- 'Raja Veera Madakari Nayaka', 'Kotigobba 3', 'Robert' and 'Yuvaratna.'

Noted producer Rockline Venkatesh told P T I that the loss to the industry is to the tune of hundreds of crores of rupees.

In addition, it's a challenge for producers to secure the content of their movies from "piracy and leak" during long periods of time before their release, Venkatesh, who is Secretary of Karnataka Cine Artistes' Association, said.

A leading distributor said even after the lockdown is lifted and situation returns to normalcy, it remains a big question if investment in film business will pay off at all.

"People don't have money. We will know the impact when things become normal. Questions many ask if people will return to cinema halls like the way they did before or they prefer to stay away from crowd."

Venkatesh, who had also produced Rajinikanth-starrer 'Lingaa' and co-produced 'Bajrangi Bhaijaan' with Salman Khan in the lead role, said it would take at least one to one-and- half years for the industry to be back on its legs.

"That too if the government does hand-holding but if the industry faces a bad hit in terms of income tax and GST and other taxation, 80-90 per cent of the industry will face closure," he said.

"It does not matter if the government does not help the industry but they should not trouble us with things like IT and GST," Venkatesh, who is also a distributor and artiste, said.

A top director said people's "behaviour" towards movies is crucial for the industry's health in the post lockdown scenario.

"With people likely to shy away from going to malls, cinema theatres because of large gatherings there, it's going to be a long road to recovery for us", an industry insider said.

Striking a philosophical tone, Venkatesh said all that people worry now is to save their life and keep good health, adding, amassing money and wealth is the last thing on their mind.

Producers Soorappa Babu and Umesh Banakar, who is also Vice-President of the Karnataka Film Chamber of Commerce, told P T I that the industry has taken a huge hit.

Banakar said the loss to the industry due to the lockdown is at least Rs 1,000 crore.

"The coronavirus has affected the entire world. We don't know what to do; we just have to wait," Soorappa Babu, producer of Kiccha Sudeep-starrer 'Kotigobba 3', said.

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News Network
April 22,2020

Mangaluru, Apr 22: A team of officials raided the Big Bags International Pvt Ltd premises here on Tuesday following the apprehensions expressed by locals that the company has violated lockdown rules by resuming operations on April 20.

On Monday several workers of the firm from Kerala, Tumakuru and Bengaluru were reported to be at the premises to resume operations.

The raiding team asked the management to temporarily shut down operations and asked the workers to leave the place.

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News Network
June 8,2020

Bengaluru, Jun 8: Amid the relaxations in the coronavirus-induced lockdown, wedding planners are adapting to changing times and advancing themselves to provide best possible services to their clients.

Wedding planners come up with new trends. While women are matching their masks to their outfits, men who use turban for a wedding are wearing matching masks with the turbans. People are getting creative at the same time maintaining safety protocols. The live streaming of weddings for those who could not attend the wedding is also becoming a new normal.

Manisha Porwal Chouraria, a wedding planner at Color Palette Productions speaking to news agency said that Post COVID-19, weddings are performed as per the old cultures.

"Wedding Industry has impacted due to lockdown in the wake of COVID-19. Now, the concept of micro-wedding is trending in which you have guests who are close to you. Now, the old culture is back again as people who use to hold a wedding at lavish destinations are getting married in their lawns, farmhouses, terraces. Earlier, people used to get married in their 'Aangan' (Courtyard), people seem to be doing the same now. It is more personalised and expenses have come down, now. People are spending small amounts on decoration," said Chouraria.

"Following government guidelines, we are allowing 50 people at the wedding and not more than that. We are doing live streaming telecast and people can watch the wedding. We are also shipping gift boxes with a letter to 500 people who could not become part of the wedding. In the letter, we are writing that because of norms, you may not be invited but we want something to gift you on our wedding. People are planning to get married now and decide to throw a grand reception after 6 months in the hope that things will get better," she added.

Commenting upon how wedding planners are ensuring social distancing and how the fashion style changed due to pandemic, Chouraria said: "People are using matching masks. If women are wearing silk sarees, they are also wearing silk masks. Men are wearing matching masks with saafa (turban). The entire staff is asked to wear PPE kits. We are giving the guests a healthy kit comprising up of masks, sanitisers, gloves and tissues. We are doing thermal screening of the guests. We are also gifting cuddle curtains, a plastic transparent shield by using which you can touch feet of elders without physically touching them."

Mansi Porwal, Creative Head at Color Palette Productions said that it is becoming a challenging task for creative heads to plan wedding but still they are providing their best to the clients.

"Earlier people used to do theme wedding, big Indian Fat weddings. Now people are wedding with a small gathering. Now, family members are getting time to suggest the wedding planners about themes and the thing they want in their weddings. We are providing the best," she said.

"We have come up with a new theme, 'Har Din Subh hai' which means every day is auspicious. Post COVID-19 people are looking for available dates for the wedding. Now, every day becomes auspicious. This is going to be the new trend," she added.

Another wedding planner, Abhilash of Taarini Weddings said that their company is providing customised masks to guests.

"Earlier we have lots of weddings to cover across the globe. But now, we have less numbers of weddings. Budgets are reduced now. We are happy to start again. We are creating e-invites in which we are sending the guidelines to the guests. We also have a help desk to assist the clients and guests. We are providing the matching masks to the groom and we are also giving customized masks to guests too," he said.

Earlier, Karnataka's Department of Health and Family Welfare Services had issued an advisory for marriages, stating that not more than 50 guests shall be allowed and the consumption of liquor on the occasion will be prohibited.

As per the advisory, anyone found having fever, cold, cough, difficulty in breathing shall not be permitted to attend the event and immediately referred to seek medical advice.

"All persons shall wear face mask compulsorily. All persons shall maintain a physical distance of more than one metre. Hand wash with soap and water shall be provided in washrooms," adds the advisory.

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