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
May 8,2020

New Delhi, May 8: After deadly styrene gas leak in Visakhapatnam, Union Chemicals and Fertilisers Minister D V Sadananda Gowda urged all public and private chemical makers to exercise caution and care while reopening their plants.

Union Environment Ministry and State Pollution Control Boards have also issued separate directives to all companies to take extreme precaution while restarting their units that remained suspended due to the lockdown imposed to contain the spread of COVID-19 in the country, he said.

There was a gas leak from LG Polymers plant at Visakhapatnam in the early hours on Thursday, causing 10 deaths and hundreds of people getting hospitalised.

"LG Polymers does not come under direct control of our ministry. However, we have asked all public and private chemicals manufacturers to exercise caution and care while reopening their plants," Gowda told PTI.

The minister said his officers are coordinating with the Andhra Pradesh government.

He further said LG Polymers, a multinational chemical company, had kept its unit ready for reopening after one and half month of lockdown. The unit started leaking at around 3.40 am on Thursday due to pressure.

"The toxic gas leak has affected both people and animals. Around 850 people have been hospitalised," Gowda said, adding that measures have been taken to control the situation at the plant site and final updates are awaited.

At present, Indian chemicals market size is about USD 163 billion, which is only three per cent of the global chemical industry of USD 5 trillion, as per the official data.

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coastaldigest.com news network
February 5,2020

Bengaluru, Jan 5: B S Yediyurappa-led Karnataka cabinet has finally decided to resume supply of subsidised rice and wheat to students of welfare institutions and hostels including those run by religious mutts under the Dasoha Scheme’s welfare programme. The supply was stopped over two months ago.

“Cabinet has decided to continue supply of subsidised foodgrains (rice and wheat) for the benefit of 37,700 children under the Dasoha scheme in 351 welfare institutions for the next one year at the cost of Rs 18 crore,” said J C Madhuswamy, Law and Parliamentary Affairs Minister. Under this scheme, institutions that provide free accommodation and food for students are entitled to avail 10 kg rice and 5 kg wheat per student every month at subsidised rates. But following a central government directive in November, the state government had stopped supply to private institutions since December.

Hours before the cabinet meeting, Khader addressed a press conference and said, “This government is snatching away food from children by stalling the supply of foodgrains. Institutions like Suttur Mutt, Siddaganga Mutt that have worldwide fame for their service are being inconvenienced by this,” Khader said.

Finding itself in a fix, especially in a matter that involves mutts, the cabinet was quick to restore the supply. “Foodgrains were being supplied to 183 government-run institutions and 281 institutions run by private entities. As per a central government directive, supply to private institutions was stopped but the decision was made by the previous government,” Shashikala Jolle, Women and Child Development Minister, said.

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News Network
February 27,2020

Bengaluru, Feb 27: The Centre has adopted Prime Minister Narendra Modi's mantra of "Make in India', for India and the world" to build strong defence and security infrastructure in the country, said Defence Minister Rajnath Singh after inaugurating the new Light Combat Helicopter Production Hangar at Helicopter Division in Hindustan Aeronautics Limited (HAL) Complex here on Thursday.

According to an official statement, the Defence Minister said in the last five years, India has made significant progress towards manufacturing military equipment indigenously under the 'Make in India' initiative.

Stressing that the defence industry plays a major role in the economic development of the country, Singh lauded the significant contribution of organisations like HAL.

Highlighting the Rs 35,000 crore exports target set for the coming years, he expressed confidence that HAL, through its various platforms, will contribute significantly to achieve this milestone.

According to the statement, Rajnath Singh commended HAL for being the backbone of the Indian Air Force and meeting the requirements of the Armed Forces.

"The HAL has excelled both in operations and finance in the last five years. It has achieved operational clearance on seven platforms, including Light Combat Aircraft and Light Combat Helicopter, and overhauled platforms like Hawk and SU 30 MKI," he said.

He also appreciated that HAL had a turnover of Rs 19,705 crore till March 2019 and it gave shareholders a healthy dividend of 198 per cent.

HAL also apprised the Defence Minister on the progress of the new design and development programme of indigenous Indian Multi-Role Helicopter (IMRH), the statement informed.

The full-scale mock-up was showcased to Rajnath Singh. The IMRH is proposed as a replacement to the existing medium-lift helicopters such as Mi17's, Kamovs and Seakings which will phase out in the next eight to ten years.

LCH is a 5.5-tonne class combat helicopter designed and developed by HAL. It is powered by two Shakti engines and inherits many technical features of the Advanced Light Helicopter. LCH has the distinction of being the first attack helicopter to land in Forward Bases at Siachen, 4,700 mts above sea level with 500kg load.

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