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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July 16,2020

Bengaluru, Jul 16: People volunteering as civil police wardens with the city police department will not receive any remuneration, an official said on Wednesday.

“We wish to clarify the rumours floating on social media and confirm that the volunteers helping local police as civil police wardens in enforcement of anti-Covid measures will not be paid any remuneration,” said an official.

On Tuesday, Bengaluru city police commissioner Bhaskar Rao had urged interested people to volunteer for the department, indicating how strained the department has been amid Covid.

“Inviting physically fit and service minded residents of Bengaluru, both men and women, between the age of 18-45 to volunteer as civil police wardens,” said Rao.

The department is offering a choice of the police division, jurisdiction and the shifts one wants to choose to be a civil police warden.

Additional Commissioner of Police Hemant Nimbalkar said volunteers are a welcome support to the police in their field duty but should not be left alone.

“Volunteers are a support to the police in the field and shall not work standalone. They shall be attached with duty police as assistance. A jacket and a cap should be provided to them,” said Nimbalkar.

He reminded that the safety of the volunteers is the responsibility of the policemen.

Many city policemen have been infected with the virus and quarantined while more than six have succumbed.

“It is a tough time for all policemen irrespective of the rank. Four hundred and fifty active cases across the state and the loss of six lives speak volumes about their involvement in the war against Covid,” said Director General of Police Praveen Sood recently.

He expressed hope that the difficult times will pass, saying all the members of the police department are a family.

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News Network
April 5,2020

New Delhi, April 5: Former Karnataka chief minister HD Kumaraswamy on Sunday challenged Prime Minister Narendra Modi to offer a "credible scientific and rational" explanation for his candle-lighting call and said he is giving "meaningless tasks" to an already exhausted population.

The JD(S) leader questioned if the Prime Minister asked the nation to observe a candle-light vigil on the eve of foundation day of BJP.

"Has the PM slyly asked the nation to observe a candle light vigil on the eve of foundation day of BJP? April 6 being its foundation day, what else can explain the choice of date & time for this event? I challenge the PM to offer a credible scientific and rational explanation," Kumaraswamy tweeted.

"The government is yet to provide PPEs for doctors and make test kits affordable for the common man. Without telling the nation what concrete steps are being taken to combat COVID-19 menace, the prime minister is giving meaningless tasks to an already exhausted population," he tweeted.

"It is shameful to convert the national crisis into an event of self aggrandizement & it is beyond shameful to push the hidden agenda of his party in the face of global calamity. May sense prevail upon the PM," the JDS leader said in another tweet.

Amid a nationwide COVID-19 lockdown, Prime Minister Modi on Friday appealed to countrymen to light diyas and candles on April 5 at 9 pm to fight the darkness spread by the pandemic. He asked the people to turn off all the lights in their homes and stand at doors or balconies and light candles or diyas, torches or mobile flashlights for 9 minutes on April 5.

Last month, PM Modi had asked the people to come out in their balconies and clap and beat utensils to show appreciation for doctors, nurses and others helping fight coronavirus on 'Janata Curfew'.

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News Network
February 12,2020

Kathmandu, Feb 12: Nepal has suspended the licence of a mountainous resort for three months due to poor security management and managerial weakness at the hotel where eight Indian tourists, including four minors, died of possible asphyxiation, according to media reports.

Kathmandu: Nepal has suspended the licence of a mountainous resort for three months due to poor security management and managerial weakness at the hotel where eight Indian tourists, including four minors, died of possible asphyxiation, according to media reports.

Tragedy struck a group of 15 tourists from Kerala when eight of them died on January 21 due to possible asphyxiation after they fell unconscious probably due to a gas leak from a heater in their room at a mountainous resort in Makwanpur district.

The tourists were airlifted to HAMS hospital here where they were pronounced dead on arrival. Makwanpur police said the victims might have fallen unconscious due to asphyxiation.

The Department of Tourism on Sunday imposed a ban on the operation of Daman-based Everest Panorama Resort for three months based on the report submitted by a probe committee formed to investigate the death of the Indian tourists from Kerala, the Kathmandu Post reported on Tuesday.

The department decided to shut down the resort as the report submitted by a probe committee pointed out poor security management and managerial weakness at the resort for the incident, it said.

The Ministry of Culture, Tourism and Civil Aviation had formed the probe committee under Surendra Thapa, the director of the Department of Tourism. After a field inspection, the committee had submitted its report a few days ago, pointing to the shortcomings of the resort.

During the investigation, the committee found the resort had not been following the recommended safety measures and was providing substandard services to its guests, The Himalayan Times reported.

Moreover, the committee discovered that the resort had not fulfilled the criteria set by DoT to be categorised a 'resort', it said.

Mira Acharya, director of DoT was quoted as saying by the report that the resort's operations have been halted as per Section 15 of Tourism Act-1979.

"If the resort owner wishes to resume services after three months of suspension, the resort should be upgraded as per the Hotel, Lodge, Restaurant, Bar and Tourist Guide Rules-1981 and also meet the criteria mentioned in a notice published in the Nepal Gazette under the title 'Hotel Classification and Criteria'," Acharya said.

She added that the resort would also have to undergo the Environment Impact Assessment to get the permission from DoT to resume operation.

Meanwhile, the resort management has said that they will work towards meeting the standards fixed by the department and run the resort efficiently.

"We will work towards meeting the standards fixed by the department and run the resort efficiently. We are saddened by the tragic incident. We will ensure that such incidents don't occur in the future,” said Sudesh Gautam, the operator of the resort was quoted as saying by the Kathmandu Post.

The group, after travelling to Pokhara -- a popular mountainous tourist destination -- was on their way back home and stayed at Everest Panorama Resort in Daman.

Those who were killed were Praveen Krishnan Nair, his wife Saranya Sasi and their three children and Ranjith Kumar Adatholath Punathil, his wife Indu Lakshmi Peethambaran Ragalatha and their son.

Everest Panorama Resort was established 28 years ago in Daman Simbhajyang area, a tourist destination in Bagmati Province. The tourist numbers, according to Thaha Hotel Association, have plunged after the tragic accident of January 27.

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