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 6,2020

Bengaluru, jul 6: With coronavirus cases surging and hospitals saturated with patients, the Karnataka government is setting up intensive care units (ICUs) at COVID Care Centres (CCC) in the state for severe cases needing oxygen, Deputy Chief Minister C N Ashwath Narayan said on Sunday.

Covid Care Centres are usually meant for patients who are asymptomatic or have mild symptoms.

"Initially, 10 ICUs will be set up at every CCC in Bengaluru and in other cities and towns across the state subsequently," Narayan said in a statement in Bengaluru.

The state government has set up CCCs at the GKVK campus, the Haj Bhavan and the Art of Living Foundation campus in the city so far. The government has also set up a more than 10,000 bed CCC facility in BIEC, on Tumkur road, on the outskirts of the city.

"About 100 ICUs will be set up soon at the new CCCs opened at the Bangalore International Exhibition Centre (BIEC), Ayurveda College, and Koramangala Indoor Stadium," said Narayan.

The sprawling BEIC in the city's northwest will soon have 10,100 beds for treating Covid patients and asymptomatic cases from state-run hospitals.

The state government has also relieved all Health Department employees from administrative and non-medical duties to depute them at the CCCs.

On complaints about the poor quality of food served to Covid patients and the medical staff, Narayan warned the vendors of cancelling their contracts if they did not supply good quality food as per the guidelines.

The minister also directed the Health Department to ensure adequate supply of drugs and medical equipment to all CCCs and state-run hospitals for treating Covid patients.

With a record 1,925 new cases reported on Sunday, the state's tally touched 23,474, including 13,251 active after 9,847 were discharged (including 603 on Sunday), while 372 succumbed to the infection since March 9, with 37 more deaths on Sunday.

Of the total cases across the state, Bengaluru accounted for 1,235, taking its tally to 9,580, including 8,167 while 145 died so far.

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News Network
March 13,2020

Bengaluru, Mar 13: In the wake of coronavirus outbreak, Karnataka chief minister BS Yediyurappa has summoned an emergency meeting with ministers and senior officials on Friday to discuss the situation.

The schools, malls and other public places have been shut to control the spread of the deadly virus.

Schools in the state have announced early summer vacation for their students this academic year as a precautionary measure amid Covid-19 scare.

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News Network
April 3,2020

Bengaluru, April 3: Former prime minister HD Deve Gowda has written to Kerala Chief Minister Pinarayi Vijayan stating that he has communicated in writing to Karnataka Chief Minister BS Yediyurappa to make arrangements for the passing of vehicles related to medical facilities and essential goods between Mangaluru and Kasargod.

"What made me write this letter is the pain and anguish I experienced when BM Farookhji, the national working president of JDS and K Krishnan Kutty, MLA and a member of your Cabinet and member of JDS, a coalition partner of your government brought to my notice the inhuman and inappropriate action on part of the authorities of Karnataka to block the interstate highway between Mangaluru and Kasargod, bringing the traffic movements between the two states and particularly to Kasargod district having a sizeable population of Kannadigas to a grinding halt," Gowda wrote in the letter.

"I immediately wrote a letter to Yeddiyurappaji, the Chief Minister of Karnataka to make arrangements to permit goods movement and the passage of ambulances and other vehicles for any emergency. But authorities of Karnataka government appears to be very adamant despite the assurance given before the High Court," it added.

Gowda said that the situation is very grim since he learnt that four to five patients died for want of medical facilities since the ambulances ferrying the patients were denied permission to cross the border, to avail treatment from the hospitals at Mangaluru.

He also condemned the Karnataka government for denying access to medical facilities to people in Kerala.

"I very strongly condemn the attitude of the BJP government in Karnataka denying access to people from Kerala to avail medical facilities on emergency and also the movement of essential goods for the survival of the people and deprivation of such emergency services amounts to violation of human rights and opposed to all norms of humanity and humanitarian considerations," the letter read.
Gowda said he will take up the issue with Prime Minister Narendra Modi.

"I take this opportunity to assure you that I will take up this issue with the Prime Minister who had assured while imposing 21 days of lockdown that the supply of essential commodities will be maintained and hospital facilities will be kept open round the clock so as to prevent any untoward incident," he stated.

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