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
April 2,2020

Bengaluru, April 2: At least three people have been arrested by police in connection with the attack on ASHA worker Krishnaveni in Bengaluru's Byatarayanapura area.

Earlier in the day, Bengaluru Police Commissioner Bhaskar Rao said that an investigation was initiated into the incident in which ASHA workers were attacked.

"I have appointed Pulikeshi Nagar ACP, Tabarak Fathima, to investigate the matter. A case will be registered and action will be taken. ASHA workers will be protected by the police to carry out their functions," Rao told ANI here.

Earlier, Karnataka Deputy Chief Minister CN Ashwath Narayan visited one of the ASHA workers who was allegedly attacked by unidentified miscreants and termed the incident as "completely demoralising" for the workers.

ASHA workers, who were deployed to spread awareness about coronavirus and identify suspected cases, were allegedly attacked by a group of locals in Byatarayanapura here on Wednesday.

The workers said that the locals did not allow them to work and around 100 people gathered at the spot and harassed them.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus.

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coastaldigest.com news network
June 27,2020

Bengaluru, Jun 27: Karnataka witnessed the biggest single-day spike in Covid cases on Saturday as 918 cases were recorded and 11 more deaths were linked to the pandemic. 

In Bengaluru alone, 596 more people tested positive for the infection in the last 24 hours as three more fatalities were also confirmed by the Department of Health and Family Welfare Services.

Following is the district wise tally:

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Agencies
June 15,2020

Bengaluru, Jun 15: Karnataka Chief Minister B S Yediyurappa on Monday said those coming to the state from Chennai and Delhi will have to undergo three days of institutional quarantine followed by 11 days of home isolation.

Up till now a seven-day institutional quarantine was prescribed for those returning from Maharashtra, while there was no mandatory institutional quarantine for asymptomatic people returning to Karnataka from other states.

Those returning from states other than Maharashtra were asked to quarantine themselves at home.

"Those coming from Maharashtra are subjected to seven days of institutional quarantine followed by seven days of home quarantine, while those coming from Chennai and Delhi will have to go for three days of institutional quarantine and eleven days of home quarantine," Yediyurappa said.

Speaking to reporters here, he said the decision has been taken following the increase in the number of coronavirus cases from these states.

"It is because of returnees from other states the cases have increased, not because of the local (intra-state) movement, so we have to control people coming from outside, we have to quarantine them and have to tighten measures.

We are making honest efforts in this regard," he added.

Yediyurappa was speaking to reporters after chairing a meeting with top ministers and officials to discuss about the surge in COVID cases in the state.

"There are no plans for any lockdown, and we will request the Prime Minister for more relaxations," the Chief Minister said in response to a question.

Out of total 7,000 cases in the state 4,386 are returnees from Maharashtra and their contacts are 1,340.

Those who returned from abroad comprise 216.

Returnees from other states constitute- Delhi 87, Tamil Nadu 67, Gujarat 62.

Noting that there are indications that the coronavirus infections are expected to increase in the days to come, Yediyurappa assured people that the government will take all precautionary measures required, and appealed to people to cooperate, follow social distancing, and wear masks.

He said it has been decided to observe the coming Thursday as "mask days" by organising a walk across the state and the main event will be held at Vidhana Soudha, the state secretariat.

"Strict measures will be taken against those not wearing masks and not maintaining social distancing here on.

Initially Rs 200 fine will be imposed, this will be throughout the state," he said.

Further stating that the government has made special efforts to control the spread of COVID, he said a special COVID-19 taskforce has been constituted for Bengaluru and surrounding areas, BBMP (city civic body) commissioner and Deputy Commissioners of neighbouring districts have been asked to pay special attention.

As of June 14 evening, cumulatively 7,000 COVID-19 positive cases have been confirmed in the state, which includes 86 deaths and 3,955 discharges.

Out of 2,956 active cases in the state till last evening, 2,940 patients are in isolation at designated hospitals and are stable, while 16 are in ICU.

Yediyurappa said the state's mortality rate is 1.2 per cent while the national average is 2.8 per cent.

The state's recovery rate is 56.6 per cent and the national average is 51 per cent, he said, adding that 93 per cent of the total cases are asymptomatic while the remaining seven per cent are symptomatic.

In Bengaluru, there are 697 cases and out of them 330 are active. The city has reported 36 deaths.

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