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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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coastaldigest.com news network
June 12,2020

Mangaluru, Jun 12: A huge crowd gathered for the grand opening of the newly built 175-metre-long two-lane bridge across Phalguni River on National Highway 169 near Gurupura on the outskirts of the city today.

Even as the photos of the bridge inauguration ceremony went viral on social media, netizens took the elected representatives and the district administration to task for flouting safety norms at a time when the coronavirus cases are continuing to mount in coastal Karnataka.

The bridge was completed in a record time of 15 months. Dakshina Kannada MP and State BJP President Nalin Kumar Kateel and district in-charge Minister Kota Srinivas Poojari inaugurated the bridge in the presence of Mangaluru City North MLA Y. Bharath Shetty and others.

The bridge has come as a breather to thousands of travellers between Mangaluru-Moodbidri-Karkala on the busy NH. The age-old steel bridge had become dilapidated and was a cause for concern for road users. The highway is also under the process of getting widened to four lanes.

The bridge was constructed at an estimated cost of Rs 30 crore by contractor Sudhakar Shetty of Mugrodi Construction. Work started in February last and the contractor had time till February next.

While the two-lane carriageway is 16 metres wide, the bridge has 2.5-metre-wide pedestrian paths on both the sides. New approach roads of 500 metres each were also part of the project.

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News Network
February 4,2020

New Delhi: The Ministry of Home Affairs of Government of India today clarified to the Lok Sabha in a written reply that the so called “Love Jihad” is not defined under the extant laws and no such cases have been reported by any central agency.

It was ministry’s formal response to questions about whether the central government is aware of the observation of Kerala High Court that there is no case of Love Jihad in Kerala.

“The term ‘Love Jihad’ is not defined under the extant laws. No such case of ‘Love Jihad’ has been reported by any of the central agencies. However, two cases from Kerala involving interfaith marriages have been investigated by the NIA,” said the reply.

Communal and anti-Muslim political outfits backed by a section of media often use the term “Love Jihad” to accuse Muslims of marrying Hindu and Christian girls and then forcing them to change religion. Dr Hadiya’s conversion was also termed ‘love jihad’ by the BJP and media. The Supreme Court finally ruled that it wasn’t.

In January 2020, an influential Catholic Church in Kerala had said that “love jihad is a reality” and alleged that scores of women from Christian community from the southern state were being lured into the trap of Islamic State and used in terror activities.

The Viswa Hindu Parishad (VHP) had welcomed the Church statement and called for a united fight against ‘Love Jihad’ in Kerala Society.

The response comes weeks after the MHA, responding to an RTI query, said it has "no information" concerning the 'Tukde Tukde Gang' -- a term that has been used a number of times by PM Narendra Modi and Home Minister Amit Shah to attack opponents.

The RTI application was filed by activist Saket Gokhle on December 26 last year. In his RTI application, Saket Gokhle said Home Minister "Amit Shah addressed a public event in New Delhi, and in his address said, 'The Tukde Tukde Gang of Delhi needs to be taught a lesson and punished'." Gokhle's RTI asked for details of the 'Tukde Tukde Gang'.

The home ministry, in its reply to Saket Gokhle's RTI application, said, "Ministry of Home Affairs has no information concerning tukde-tukde gang."

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News Network
May 22,2020
Bengaluru, May 22: Evacuation planes from Male in Maldives and Doha in Qatar landed in Bengaluru with returnees from Karnataka after they were stranded for two months due to suspension of international flights since March 23 and the extended lockdown, an official said on Friday.
 
"An Air-India flight (#0266) with 152 passengers from Male and its subsidiary Express flight (IX-0822) with 177 returnees and 5 infants from Doha landed here safely at 6.50 pm. and 9.05 pm respectively," an airline official told media persons in Bengaluru.
 
Both the flights are first from their respective countries to Bengaluru, bringing in returnees to the southern state in the second phase of the Vande Bharat mission, being carried out to evacuate Indians stranded the world over.
 
"As per the standard operating procedure and guidelines of the state health department, all the passengers were screened with thermal device and tested to ensure they were asymptomatic before leaving the airport," a nodal officer said.
 
The returnees were given a spare mask to wear all the time and a sanitiser to wash their hands.
 
"The luggage of all passengers was screened and disinfected before handing over to them after they completed formalities such as filling the self-declaration form and downloading of the Quarantine App for contact tracing later,” said the official.
 
The passengers were ferried from the airport in state-run buses in batches for 14-day institutional quarantine in hotels and resorts across the city.
 
The flights were the 6th and 7th flights to Karnataka, of the national carrier and its Express arm, which are operating the service to repatriate thousands of Indians, including distressed workers, migrants, students, senior citizens and tourists, stranded overseas.
 
Five flights have flown about 650 returnees till date from May 18-21 under the mission's second phase to Bengaluru and Mangaluru on the west coast. The passengers have been brought from Dubai in the UAE, Kuala Lumpur in Malaysia, Muscat in Oman, Dammam in Saudi Arabia and San Francisco in the US.
 
The remaining flights to Karnataka will land in Bengaluru and Mangaluru over the next 12 days till June 3 from 9-10 more destinations the world over.
 
In the first phase of the mission from May 7-17, the airline and its arm flew 6 flights to the state from May 11-15, bringing in 800 passengers, including 623 to Bengaluru and 177 to Mangaluru from London, Singapore, San Francisco and Dubai.

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