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
February 14,2020

Bhuj, Feb 14: In a horrifying incident, as many as 68 undergraduate girls were paraded through their college into the restroom and forced to individually remove their undergarments to prove that they were not menstruating. 

This shameful exercise was conducted at Shri Sahjanand Girls’ Institute (SSGI) in Gujarat’s Bhuj under the supervision of principal and other teachers. 

It all began after the hostel rector complained to the principal that some of the inmates had been violating the Hindu religious norms specifically for menstruating females.

According to the sect’s norms, menstruating females are barred from entering the temple and kitchen. They are even forbidden from touching other students. However, the hostel administration reportedly complained to principal Rita Raninga that some girls who were having their periods not just mingled with other hostel inmates, but also entered the kitchen and ventured near the temple on the premises. 

“It was sheer mental torture and we don’t have words to describe it,” a student who underwent the traumatic experience said, adding that there were total 68 girls who were forced to pass through the test.

“The hostel administration levelled this allegation and insulted us on Wednesday. On Thursday, when we were attending lectures, rector Anjaliben called the principal and complained about this. We were forced to leave our classrooms and queue up outside in the passage. The principal abused and insulted us, asking which of us were having our periods. Two of us who were menstruating stepped aside,” said another victim.

“Despite this, we were all taken to the washroom. There, female teachers asked us to individually remove our undergarments so they could check if we were menstruating,” she added.

Another teenage undergraduate said, “We come from farflung villages. The college campus houses a school that runs classes from Class 1to 12. They provide hostel facilities to the school students. The college does not have its own hostel. We live with the school-kids in their hostel.”

She added, “The principal, hostel rector and the trustees harass us regularly over the issue of menstruation. We are punished for having periods. This happens even if we follow their religious rules. They made us remove our undergarments because they thought some of us were lying about not having periods, and mingling with the others against rules. But the humiliation meted out to us on Thursday was the last straw. When we protested against this, trustee Pravin Pindoria told us that we could take legal action if we wanted but we would have to first leave the hostel. He also forced the students to sign a letter saying nothing happened in college. But enough is enough.”

Kutch University authorities have, meanwhile, swung into action and a five-member team including in-charge vice-chancellor, Darshna Dholakia, and two other senior female professors visited the college on Thursday. “We will speak to the students and the college authority and later initiate appropriate action based on the findings,” Dholakia said.

Run by followers of Swaminarayan Mandir, the college was set up in 2012 but moved into a new building on the premises of Shree Swaminarayan Kanya Mandir in 2014. The college which offers BCom, BA and BSc courses has about 1,500 students of which 68, who come from remote villages, stay in the hostel on campus. The college is known for its pro-Hindutva stance.

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News Network
February 19,2020

Hubli, Feb 19: The Karnataka Police on Wednesday registered a case against unknown persons for assaulting three Kashmiri students in the court premises here.

A suo motu FIR has been registered at Vidyanagar police station of Hubli in which assault charges have been filed against 10 to 15 unknown people.

It can be recalled that on February 17 these three Kashmiri students were attacked in court premises after they were produced in court on charges of sedition.

The Kashmiri students were arrested here on February 15 after their video in which they are seen allegedly raising pro-Pakistan slogans went viral.

The students were studying at the KLE Institute of Technology on a central government scholarship.

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News Network
April 29,2020

Bengaluru, Apr 29: As many as 11 more people have tested positive for the coronavirus in the last 24 hours in Karnataka, said the State's Health Department on Wednesday.

According to an official statement, 11 new COVID-19 positive cases were reported from 5 pm on April 28 to 5 pm on April 29.

"With this, the total number of positive coronavirus cases in the state has mounted to 534, of which 20 deaths have been reported and 215 people have recovered," added the statement.

Of 20 coronavirus patients who died, one death was due to the non-COVID cause, the statement further said.

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