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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
July 25,2020

Bengaluru, Jul 25: Former Karnataka Chief Minister Siddaramaiah on Friday said that the ministers of the BJP-led government in the state avoiding a judicial enquiry into the alleged corruption in procurement of medical essentials "is their height of arrogance".

In a series of tweets, Siddaramaiah said, "Why is the government afraid of judicial enquiry on corruption in procurement of medical essentials? If the ministers are so clean, what is holding them back from initiating investigation? This is their heights of arrogance!!"

He said that there should be a judicial enquiry by a sitting High Court Judge to let people know the facts.

"We will submit our documents and let the government submit their documents. If they are confident, why are they reluctant to initiate an investigation?" Siddaramaiah asked.

"Statment from the PMO says 50,000 ventilators are procured at a rate of Rs 4 lakhs per unit. Is this not true? Will Karnataka BJP ministers say that ventilators under PM CARES are sub-standard and lack quality?" he said.

"There will be both basic and premium models in everything. Even the PMO could have bought Rs. 18 lakh worth ventilator. Why did they buy a Rs 4 lakh worth ventilator? What is the justification from ministers for this?" he questioned.

Siddaramaiah asked that if the Medical Education Department sent a proposal worth Rs 815 crores which is not recomended by experts.
"It is true that Medical Education department has sent a proposal worth Rs 815 crores. It is also true that there is a note on the proposal which says that these are not recommended by experts. What is the significance of this note?" he tweeted.

The former Chief Minister said that if the state government is saying that if ventilators were procured during the tenure of Congress-JD(S) government, they must produce the proof.

"They are accusing us for the ventilators procured during the coalition government. I was not in the government then. If they have documents, let them investigate about that also. Let the truth be revealed," he said.

The Congress leader said that the opposition is not interested in playing politics during the time of COVID-19 pandemic.

"We are not interested in doing politics during COVID-19 pandemic, which is why we have not taken up many other pressing issues. But how can we be quiet when hundreds of people are succumbing due COVID-19 mismanagement?" he asked.

Karnataka on Friday reported 5,007 more COVID-19 cases and 110 deaths. The total number of cases in the state stands at 85,870, including 52,791 active cases and 1,724 fatalities, said the state government's bulletin.

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coastaldigest.com news network
May 22,2020

Bengaluru, May 22: Karnataka reported 138 fresh cases of coronavirus on Friday, taking the state tally to 1743.

26 patients have been discharged on Friday and in total, 597 people have been discharged in Karnataka while total number of active cases in the state is 1,100. 41 people have succumbed to the virus, informed the state health department.

Out of the 138 cases, 111 are returnees from Maharashtra.Out of the 138 cases, 47 are from Chikkaballapura alone, 10 cases from Raichur eight cases each from Bidar and Mandya, five cases each from Bengaluru Rural and Bengaluru Urban, and 14 are from Hassan.

From Bengaluru Rural, three patients are returnees from Maharashtra. A fifty-five year old female from Bengaluru Rural, has contracted the virus and has been diagnosed with a history of SARI. She is currently under observation at a designated city hospital.

Five patients have tested positive from Bengaluru Urban. A 42-year-old woman tested positive in Bengaluru Urban and has been diagnosed with a history of Influenza-like Illness (ILI). She is currently under observation at a designated city hospital.

Two men, who have tested positive from Dharwad are returnees from Delhi. Both of them are currently under observation at a designated hospital in Hubli. A seventy-five year old male who has contracted the coronavirus has returned from Jharkhand.

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Media Release
July 31,2020

Mangaluru, July 31: Kanara Chamber of Commerce and Industry (KCCI) has unveiled a campaign both on digital media and outdoor billboards on bringing awareness on the right usage of masks, social distancing and hand washing in the fight against COVID19. The campaign has received very good response and attention on social media and with the citizens of Mangaluru.

While the numbers of Covid-19 infected people were increasing and a vaccine would take some more time it was observed that norms of social distancing and other precautionary practices were thrown to the wind. Many people in Dakshina Kannada were found using masks inappropriately. Wearing a mask in a scientific way by covering both the nose and mouth is imperative to control droplets that spread the virus. We need to rise above our inconvenience to fight the virus.

Considering this the KCCI found an immediate need to bring awareness and constant reminder to people on the right usage of masks, social distancing, washing hands and other dos and don’ts to stay ahead of the virus and beat the pandemic.

A digital campaign and an outdoor advertisement campaign were planned by the chamber to remind and encourage people to follow best practices when interacting with others. 

The theme of the Campaign was decided to be “Let’s Fight Back Together” Origin Designext a Creative Agency in Mangalore was roped in to do the creative for the campaign and a team from KCCI worked with the Agency to shape up the campaign with their inputs. In the meantime Indian Red Cross Society Dakshina Kannada and Rotary Mangaluru expressed their interest to support the Campaign. 

Mangaluru based outdoor agencies like Jyothi Advertisers, Kalkura Advertisers and Gee Dee Advertisers agreed to provide outdoor space gratis to this community service campaign. Presented both in English and Kannada, the campaign has been creating waves on social media and on the street, a sign that it is being very well received by the populace of Mangalore city. 

The creative of Half Covered or Half exposed where a model is shown with a mask that exposes the nose and KA-19 v/s COVID-19 (KA-19 being the Vehicle Registration Code for the District) have been particularly making a buzz in the community. All together 14 hoardings are currently on display with various Covid-19 awareness messages. Many business houses have shown interest to participate in this public awareness campaign.

The Chamber hopes this campaign would go a long way in the fight of the city against COVID-19 and play its role in putting the pandemic behind us. “Businesses and our economy has suffered enough, we need to work together to fight this virus, we need to rise above minor inconvenience and win this war,” says Isaac Vas the President to KCCI.

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