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
April 9,2020

New Delhi, Apr 9: The Delhi Police has traced Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been on the run after an FIR was registered against him for organising a religious gathering last month despite restrictions to combat the coronavirus, sources said on Wednesday.

The cleric has been traced to Zakir Nagar in southeast Delhi, sources said.

His lawyer Tauseef Khan, however, said Saad is under self-quarantine and will join investigation after his quarantine period is over.

On March 31, Delhi Police's Crime Branch lodged an FIR against seven people, including the cleric, on a complaint by Station House Officer Nizamuddin for holding the congregation here allegedly in violation of the orders against large gathering and not maintaining social distancing to contain the spread of coronavirus.

A day later, the Delhi Police's Crime Branch wrote to Saad and others, seeking the details under Section 91 of the Code of Criminal Procedure. A second notice was also issued to him this week.

"Saad is currently under self-quarantine and will join investigation once the period of 14 days gets over," his advocate, Tauseef Khan, told PTI.

Saad's quarantine is expected to end next week.

His lawyer said a reply to the second notice will be given soon.

In an audio message last week, Saad said he was exercising self-quarantine after several hundreds who visited the Tablighi Jamaat's Nizamudddin markaz tested positive for coronavirus.

Visited by thousands last month, the Nizamudddin centre also turned out to be a hotspot for spread of coronavirus not only in national capital and country.

According to the FIR, the Delhi Police contacted the centre on March 21 and reminded them of the government order that prohibited any political or religious gathering of more than 50 people.

However, no one paid any heed to the police's direction, it said. Moreover, an audio recording purportedly of Saad was found in circulation on WhatsApp on March 21, in which he was heard asking his followers to defy the lockdown and social distancing and to attend the religious gathering of the Markaz.

On March 24, the government ordered 21-day nationwide lockdown and restricted any social, political or religious gathering.

The same day a meeting was held at Hazarat Nizamuddin police station between SHO and officer bearers of the centre.

The meeting was attended by Saad, Mohammad Ashraf, Mohammad Salman, Yunus, Mursaleen Saifi, Jishan and Mufti Shehzad and they were informed about lockdown orders.

So far, several hundred cases of COVID-19 cases across the country have been found to be linked to the Tablighi Jamaat congregation held in Delhi last month.

More than 25,500 Tablighi members and their contacts have been quarantined in the country after the Centre and the state governments conducted a "mega operation" to identify them.

At least 9,000 people participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.

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News Network
January 14,2020

Bengaluru, Jan 14: Days after the Reserve Bank of India (RBI) capped to Rs 35,000 the withdrawal limit of Sri Guru Raghavendra Co-operative Bank, BJP MP Tejasvi Surya on Monday reassured account holders and said Finance Minister Nirmala Sitharaman was personally monitoring the issue.

Taking to Twitter, Surya said, "I want to assure all depositors of Sri Guru Raghavendra Co-operative Bank to not panic. Hon'ble Finance Minister Nirmala Sitharaman is appraised of matter and is personally monitoring the issue. She has assured the government will protect interests of depositors. Grateful for her concern."

The Bengaluru South MP also attached a letter in his tweet where he had appraised Sitharaman of the situation.

"Finance Minister, after speaking with the RBI governor and other authorities concerned, assured Surya that the government will do everything in its capacity to protect the interests of the depositors and the long term interests of the bank," the letter read.

It said that Surya also reached out to Sitharaman "three times on January 13" after which she reassured him that the "depositors need not panic".

RBI had, on January 10, imposed certain restrictions on Sri Gururaghavendra Sahakara Bank Niyamitha.

"In particular, a sum not exceeding Rs 35,000 of the total balance in every savings bank or current account or any other deposit account may be allowed to be withdrawn subject to conditions stated in the above RBI directions," the notification said.

The regulatory body said that the bank will continue to undertake banking business with restrictions until its financial position improves.

"These directions shall remain in force for a period of six months from the close of business of January 10 and are subject to review," it said.

The bank has been restricted from granting or renewing any loans and advances, make any investment, incur any liability including borrowal of funds and acceptance of fresh deposits, disburse or agree to disburse any payment whether in discharge of its liabilities and obligations or otherwise, enter into any compromise or arrangement and sell, transfer or otherwise dispose of any of its properties or assets except.

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News Network
March 2,2020

Bengaluru, Mar 2: The Opposition Congress and the JD(S) members protested in the Karnataka Legislative Assembly on Monday over the BJP leader Basavaraj Patil Yatnal's alleged derogatory remark against veteran freedom fighter H S Doreswamy.

Opposition Leader in the Assembly and former Chief Minister Siddaramaiah, raised the issue, immediately after the obituary reference of sudden demise of former Minister C Chanigappa, and sought permission from the Speaker to raise the issue of Yatnal's outburst in the House stating that the matter of hurling defamatory remark against Gandhian Doreswamy, by Mr Yatnal, was very much serious. However, the treasury bench members protested and urged the Speaker not to allow the matter to discuss as the issue was not in the agenda.

The Speaker, Vishveshwar Hegde Kageri, promised the Congress leader about permitting the issue after the House adopts resolution on the thanksgiving motion for the Governor's address of the joint House recently and asked Chief Minister B S Yediyurappa to continue his reply to the Governor's address.

The opposition Congress and the JD(S) members, protesting the Speaker's action, trooped into the well of the house and raised slogans against the BJP government.

The Chief Minister continued his reply amidst the din before the Speaker adjourned the House for 30 minutes after the House adopted the thanksgiving motion to the Governor's Address.

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