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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coastaldigest.com news network
July 11,2020

Bengaluru, Jul 11: Amidst the mounting number of covid-19 cases, Karnataka is witnessing another disturbing trend of increasing number of people ending their life. After the lockdown was relaxed, the state saw a worrying jump in the number of suicides.

According to statistics, as many as 2,211 suicide cases have been registered in just two months. The number of suicides rose by 23% in May to 1,127, and by another 18% in June to 1,084, from an average of 912 suicides in the first three months of the year. 

In April, however, the number nearly halved to 477. But April was also the month during which the lockdown (announced on March 24) was complete, and everyone was at home -- which, experts say, could have prevented people with suicidal tendencies from taking their own lives.

Shockingly, number of teenagers including school children committing suicide also increased in the state in past couple of months.

With the pandemic still accelerating and impacting people in multiple ways, the World Health Organisation has urged people to pay greater attention to mental health and suicide prevention. 

Dr Poonam Khetrapal Singh, Regional Director, World Health Organisation (WHO), South-East Asia Region, said stigma related to Covid-19 infection may lead to feelings of isolation and depression. Another precipitating factor impacting mental health amidst Covid-19 could be domestic violence, which is reported to have increased globally as several countries imposed lockdowns, she said.

“Hitting lives and livelihoods, the pandemic is causing fear, anxiety, depression and stress among people. Social distancing, isolation and coping with perpetually evolving and changing information about the virus has both triggered and aggravated existing and pre-existing mental health conditions, which need urgent attention,” she said.

Dr H Chandrashekar, professor and head of the department of psychiatry at Victoria Hospital, said reasons for suicide are always multi-factored, combined, cumulative, unresolving and interrelated.

“There is grief everywhere now due to deaths related to Covid-19, and it may have an adverse effect on some. But people should be watchful of their family members, especially those who are in depression and have a history of suicide attempts. One should never ignore signs, like when someone says they feel like ending their life. They should not be left alone, and unconditional support needs to be given. Also, objects that could be used to commit suicide must be kept away from them,” Dr Chandrashekar said.

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News Network
June 30,2020

Bengaluru, Jun 30: Private medical colleges in Bengaluru have agreed to join hands with the Karnataka government for the treatment of COVID-19 patients.

The representatives from private medical colleges have promised the state government to provide 2000 beds immediately and another 4500 beds will be added within a week.

The development took place as Chief Minister BS Yediyurappa on Tuesday held a second round of meeting with representatives of private hospitals at Vidhana Soudha over COVID-19. 

The Chief Minister and Medical Education Minister Dr K Sudhakar held separate meetings with the representatives from private colleges administration and all the private colleges have assured to extend their support to the government decision. 

"There are 11 private and three government medical colleges in the city and we will get about 6500 beds from these for COVID treatment," Dr Sudhakar informed media after the meeting.

He further said, "These facilities including doctors and staff will be made available to the government within a week and the beds will be allocated to COVID patients through BBMP's centralised system. The insurance facility will be extended to the doctors and staff serving in these private hospitals also."

PG students in private medical colleges and other staff will be utilised in COVID Care Centres, the minister said.

"There will be some changes in the treatment protocols going forward. The decision regarding this will be taken in the meeting that will be held in the evening under the chairmanship of the CM," the minister explained.

According to him, symptomatic patients, persons aged above 60 years and those with comorbidities like diabetes, hypertension and serious kidney, liver, lungs and heart-related ailments will be admitted to hospitals. 

Other asymptomatic persons will be monitored in COVID care centres. Detailed notification with these guidelines will be released tomorrow, the minister said.

The meeting was chaired by CM BS Yediyurappa and Deputy CM Ashwatnarayana, Ministers Basavaraj Bommai, R Ashoka and senior officials were also present.

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News Network
June 16,2020

Shivamogga, Jun 16: The Deputy Commissioner on Tuesday announced a ban on movement of heavy goods vehicles in the Agumbe ghat section between June 15 and October 15 as a precautionary measure, as there was possibility of landslides due to heavy rain during the monsoon season.

All trucks over 12 tonnes will be prohibited from passing through the ghat, DC K B Shivakumar said in a statement here.

The authorities have suggested two alternative routes for the movement of heavy freight vehicles – the Shimoga-Thirthahalli-Sringeri-Kerekatte-Karkala-Udupi-Mangaluru route and the Shimoga-Thirthahalli-Mastikette-Hulikal-Hosangadi-Siddapura-Udupi-Mangaluru route.

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