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

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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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February 16,2020

Uppinangady, Feb 16: Eleven people were injured, when a private bus in which they were travelling, toppled near Kodikal on Sunday, police said.

According to Police, more than 20 people were travelling in the bus towards Puttur from Sakleshpur when the mishap took place.

All the inmates were on their way to attend a wedding.

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Agencies
January 16,2020

Kochi, Jan 16: Kicking up a debate, an influential Catholic Church in Kerala has said "Love Jihad is a reality" and alleged that scores of women from Christian community from the southern state were being lured into the trap of Islamic State and used in terror activities.

The synod of Syro-Malabar Church, an apex body of Catholic Bishops chaired by Cardinal George Alencherry, also accused the state police of not viewing the matter cautiously and taking timely action in 'Love Jihad' cases.

Denying the charges, the Popular Front of India (PFI) questioned the "timing" of the statement and urged the Church to withdraw it immediately "as it would only help create division amid growing unity among various sections of society against Hindutva Fascism."

The Viswa Hindu Parishad (VHP) welcomed the Church statement and called for a united fight against 'Love Jihad' in Kerala Society.

An official of the Kerala State Women's Commission refused to comment, considering the sensitivity involved in the matter.

There was no immediate reaction from the police and government as well.

"There are circumstances in which Christian girls are killed in the name of Love Jihad in Kerala," the Synod has alleged in a statement issued through Syro-Malabar Media Commission here on Tuesday night, referring to the attacks against Christians across the world.

The Synod has termed as "shocking" the killing of Christians in Nigeria on Christmas day.

It is a matter of concern that Love Jihad is gaining grounds in Kerala putting in danger its social peace and communal harmony, the Synod said.

"It is a reality that 'Love Jihad' is happening in Kerala in a planned manner targeting Christian girls," it said.

The Synod, referring to a police record, said out of 21 people who were recruited into Islamic State terror outfit, half of them were converted from Christian faith and it should be an eye opener for the community.

Noting that unofficial accounts say many girls were being used in terror activities through Love Jihad, the Synod said it was a serious matter and such accounts state that Love Jihad is not only "in the imagination".

The Synod, however, said it was not assessing the 'Love Jihad' as an issue affecting the friendship between religions and urged the government to treat it as one related to law and order and not as a religious matter.

The Church demanded speedy action against the culprits involved in the 'Love Jihad.'

It also called for efforts to sensitise parents and children about the dangers of Love Jihad.

The PFI, often being accused of playing key roles in alleged 'Love Jihad' cases in Kerala, claimed that the state police, after conducting a thorough probe, had earlier submitted a report in the Kerala High Court, stating that there was no cases of 'Love Jihad' in the state.

"The Church is raising such a baseless allegation at a time when the minorities including Muslims and Christians and the people of Hindu community are in a joint fight against the Fascist government at the Centre.

Their untimely statement would only help divert the people's attention from the key issues that society is facing at present", PFI State President Naziruddin Elamaram told PTI.

Urging the Bishops to immediately withdraw the statement, he said, "I don't know what is their interest in making such a statement at this juncture."

Not a single Muslim community is holding 'Love Jihad' to increase the number of Muslims here, Elamaram claimed.

He, however, said there were instance of inter-religious marriages in Kerala in which Muslim girls marrying Hindu and Christian boys and Hindu and Christian girls selecting partners from the religions of their choice.

Such marriages cannot be termed as 'Love Jihad', he said.

Asked about the Bishops' allegations that Christian girls are targeted and recruited to Islamic State terror outift, the PFI leader said not a single Muslim organisation in India have recognised the Islamic State and such recruitments should not be seen as part of a 'jihad' as doubts prevail in minds on who created the IS.

Former president of the VHP, SJR Kumar claimed that 'Love Jihad' exists in Kerala society.

He alleged that there were centres in Kerala to "convert Hindu and Christian girls who are being lured into the trap of love by youths with criminal backgrounds".

"We have brought this issue into the attention of the Kerala society much earlier. But nobody listened to us.

Now, we are happy that the Bishops have realised the threat of Love Jihad. It is the time of a joint fight against this menace," Kumar told PTI.

He also alleged that Muslim men trap Hindu and Christian women into marriage and forcing them to convert to Islam.

"The converted Hindu and Christian girls are being used in drug trafficking and terrorism," Kumar said.

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Agencies
March 14,2020

Bengaluru, Mar 14: Bus-stands and railway stations in this IT city wore a deserted look on Saturday and malls, cinemas, pubs and night clubs remained shut as part of the lockdown announced by the state government following the country's first coronavirus fatality reported from Karnataka on March 12.

Six people in Karnataka have contracted the virus including the 76-year-old man who died due to this disease from Kalaburagi in the state.

A day after chief minister B S Yediyurappa announced the shutdown for a week, the usual rush at the Central bus-stand was missing.

"Since yesterday there is slackness. Today again we are witnessing the same," a Bangalore Metropolitan Transport Corporation official told PTI.

The Karnataka State Road Transport Corporation, which runs inter-city and inter-state buses, too has seen a decline in its revenue.

"For the past five to six days we are seeing a drop of Rs 32 lakh to Rs 35 lakh in our daily revenue of Rs eight crore," Bengaluru divisional controller B T Prabhakar Reddy said.

On March 13, Yediyurappa issued instructions to stop all kinds of exhibitions, summer camps, conferences, fairs, marriage, sports and engagement events and birthday parties state-wide for a week from Saturday.

Business at pubs and aars have taken a hit due to the virus threat.

"Our businesses have suffered somewhere between 40 per cent and 70 per cent.

It is very difficult to cope with the situation," said Manu Chandra, Bengaluru chapter head of National Restaurant Association of India.

In Chitradurga district, the annual Rathayatra was cancelled whereas in Bengaluru, a temple displayed a board that it will not distribute any 'teertha' (holy water) or 'prasad' (offering) to devotees in view of the coronavirus scare.

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