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 23,2020

Bengaluru, Jul 23: The opposition party Congress on Thursday demanded a judicial enquiry in the alleged scam in coronavirus related medical equipment procurement by Karnataka government.

However, Deputy chief minister Ashwathnarayan and Home Minister Basavaraj Bommai denied all the allegations.

Leader of Opposition (LoP) and former Chief Minister of Karnataka Siddaramaiah and Karnataka Congress president DK Shivakumar addressed a press conference here and demanded a judiciary enquiry under a sitting High Court judge to investigate "BJP's Corona Scams."

"I made allegations on July 3. Nobody has denied it officially. On July 20, Karnataka Health Minister B Sriramulu and Deputy Chief Minister Ashwathnarayan in a press conference denied my allegations. Today, I furnished 14 documents. If you go through it, you will find corruption and misappropriation in medical equipment purchase," Siddaramaiah said.

"The documents are available with the government, how can they deny their own documents. They are telling that they have spent only Rs 324 crore but according to me the government has spent more than Rs 4,000 crore and nearly Rs 2,000 crore went in the minister and bureaucrats' pockets," he said.

He further said, "Centre has procured 50,000 ventilators under PM Cares at a cost of Rs 4, lakh per unit. Tamil Nadu has procured at Rs 4.78 lakh. But in our state, the price is between Rs 5.6 lakh to Rs 18.2 lakh. Is this not corruption?"

Siddaramaiah also dared the government to step up for an enquiry if they are "honest and transparent".

"I am demanding, constitute a judicial committee headed by sitting high court judge, let there be an enquiry in detail," he said.

DK Shivakumar said that his party has made the allegations based on government documents and media reports showing corruption.

"Karnataka government is purchasing equipment at high rates. We have exposed BJP's Rs 2,000 crore scams today. The government's main focus is to loot. They have paralysed the state administration," he said.
Denying the Congress' allegations, Deputy Chief Minister, Ashwathnarayan said that the government is ready to discuss this in the Assembly house.

"They have alleged Rs 700 crore misappropriation by health department but we have shown we have spent only Rs 290 crore," he said.

Giving details of the SDRF expenditure towards COVID-19 containment he said, "We have released Rs. 23,220.01 lakh in SDRF accounts and they have spent Rs Rs. 15, 918.99 lakh in various activities like migrant relief measures, measures for quarantine, sample collection, screening from March 14 to July 16."

Karnataka Home Minister, Basavaraj Bommai, said, "Karnataka government has spent Rs 506 crores for medical equipment and Rs 1,611 crores for other activities related to combatting COVID-19. So, we have spent Rs 2,117 crores as of now and there is no corruption in it."

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News Network
May 24,2020

Bengaluru, May 24: Karnataka Tourism Minister CT Ravi said that coronavirus lockdown has severely marred the tourism industry in the state and the government will revive it in a phased manner.

"It would be beneficial if hotels are opened keeping in mind few restrictions. At present, the tourism industry has fallen flat making it very difficult to promote tourism in the state," Ravi said.

"Our department has planned to promote tourism in a phased manner. In the first phase, we would focus on native tourism; then in the second phase, we will promote inter-district travel; in the third phase, we will put weight behind inter-state tourism and in the fourth phase, we would be promoting international travel and tourism," he added.

Karnataka's COVID-19 count surges to 1,958 with 216 new cases of the virus reported in the last 24 hours, said the Health Department in a bulletin on Saturday.

Out of the total number of cases, 1,307 patients are active cases and 608 patients have been discharged. The total number of fatalities due to COVID-19 in the state has risen to 42.

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News Network
April 26,2020

Dubai, Apr 26: Families were shattered as the three dead bodies of UAE-based Indian expats were returned to the country from New Delhi, India.

Family members waited outside the Indira Gandhi International Airport for hours, but they were later told to go back home as the remains of expats Jagsir Singh, Sanjeev Kumar and Kamlesh Bhatt were flown back to Abu Dhabi, following a new order implemented by India's Ministry of Home Affairs.

Inderjeet, brother-in-law of Sanjeev based in Al Ain, said their family in Punjab was devastated.

"This is a non-coronavirus death. We had a death certificate as proof and all necessary documents from Indian Embassy. But the body was returned while our family members waited outside the airport. This is very shocking," Inderjeet said.

"The body shouldn't have been returned. It's difficult to travel across states due to Covid-19 restrictions and also to arrange the ambulance," he added.

"Now the embassy has told me to come on Sunday. They said hopefully things will be sorted out in a day or two."

Meanwhile, the family of Kamlesh resides in the Indian state of Uttarakhand. This means, with existing travel restrictions, they had to secure permits from different states to reach New Delhi.

Dubai-based social worker Girish Pant, who is in touch with the family, said they are all depressed with the unfortunate turn of events.

"His brother Vimlesh had to return home without the remains. They are all clueless and in pain. With the new order from the Ministry of Home Affairs, I have informed the family that the body will reach them within 48 hours. I am also coordinating with the Indian Embassy," Pant said.

Comments

Ahmed A.K.
 - 
Monday, 27 Apr 2020

Now support BJP

 

Indian origins dont have place to cremate in their own land while our HM is planning to give nationality to minorities of other countries.

 

what a joke man!!!

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