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
June 20,2020

Bengaluru, Jun 20: Continuing with the easing of restrictions under 'Unlock 1.0', the Karnataka government on Saturday authorised local bodies to fix timing for opening of public parks other than those in the containment zones between 5 am to 9 pm.

It has also mandated adhering to all the national directives issued to contain the spread of COVID-19 and the guidelines issued by the state government in this connection.

Noting that the government has been relaxing conditions under unlock 1.0, Principal Secretary Revenue N Manjunath Prasad, who is also the member secretary of the state disaster management authority in an order said, local bodies have been asked to set the timing between 5 am to 9 pm to open all parks that come under them and the government.

It said this would be applicable to only those parks that come outside the containment zones. Earlier in May, while relaxing the lockdown norms, the government had set 7 am to 9 am and from 5 pm to 7 pm for the opening of parks.

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News Network
February 21,2020

Chikkamagaluru, Feb 21: Alleged Bharatiya Janata Party supporters threw stones at Amulya Leona’s father’s house at Gullagadde near Koppa on Thursday night, after she was charged for making objectionable remarks at a public programme in Bengaluru.

Amulya Leona’s father Wazi said that the incident, which left window panes and doors damaged, took place at around 7.30 p.m. “They are all BJP supporters. They were in a group. I have complained to the police with the names of a few who led the group,” he said.

Three policemen have been deployed at his house since Thursday night.

Amulya Leona, a B.A. student, was charged with sedition after she raised pro-Pakistan slogans at a protest against the Citizenship (Amendment) Act in Bengaluru.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he condemned the statement made by his daughter and he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi said he has been politically active for several years, and had earlier worked for former education minister H.G. Govinde Gowda. He then shifted to the BJP and worked in support of D.N. Jeevaraj, who represented Sringeri constituency last time, and current Udupi-Chickmagaluru MP Shobha Karandlaje. “I have worked for the BJP in the past. As Govinde Gowda’s son contested on JD(S) ticket for Sringeri seat, I supported him”, he said.

Meanwhile, a video clip that went viral on Thursday night showed a group of Bajrang Dal activists compelling Mr. Wazi to shout ‘Bharat Mata ki Jai’. “I have no hesitation in raising ‘Bharat Mata Ki Jai’ slogans,” said Mr. Wazi, adding that his statement was taken forcibly. “I am a patriot. Many writers, activists and politicians have come to my place over the years,” he said.

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News Network
January 7,2020

Mangaluru, Jan 7: A ten-year-old boy who suffered severe injuries after drowning in Kadri temple pond died on Monday,

Police said that the deceased has been identified as Sandesh, resident of Athani taluk.

Sandesh drowned while taking a dip in a pond at Kadri Shree Manjunatha Temple on Sunday evening. He was immediately rushed to the hospital in the city, however, he died on Monday morning after he stopped responding to the treatment.

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