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
July 23,2020

Bengaluru, Jul 23: The Siddi community in Karnataka got its first lawmaker as Governor Vajubhai Vala nominated five persons, including Shantharama Budna Siddi, to the Karnataka Legislative Council on Wednesday.

Shantharama Siddi had been working as a social worker and was a post holder at the Vanavasi Kalyan Prakalpa, a tribal welfare initiative of the Rashtriya Swayamsevak Sangh (RSS).

The Siddis, an ethnic group in India, are said to have descended from the people of the East African region. They are included in the list of Scheduled Tribes (ST) in Karnataka.

Apart from the Shantharama, the inclusion of CP Yogishwar, who had left Congress to join BJP in 2017 but failed to retain his seat in the 2018 Assembly polls, is also considered as a big decision.

Adagur H Vishwanath, another former JDS leader, who had quit his party and joined BJP but failed to retain his seat has also caught the attention of the people.

Further, Governor Vala has nominated Talwar Sabanna and Bharathi Shetty to the Upper House in the state.

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News Network
May 5,2020

Bengaluru, May 5: Life is limping back to a new normalcy in most parts of Karnataka with easing of Covid-19 induced restrictions yesterday as the State headed into the third phase of lockdown started since March 24.

According to the guidelines issued by the Centre, industrial activities, construction works, essential, non-essential shops, delivery of essential goods through e- commerce, courier and postal services, banking and agriculture activities, plying of four-wheelers and two-wheelers and inter-state movement of goods vehicles is permitted in all the zones, whereas buses are allowed to ply only in green and orange zone districts.

This apart, sale of liquor was also allowed at the designated shops. Police said vehicular movement is allowed only from 7am to 7pm for ordinary citizens.

Clarifying about the movement of people, Bengaluru police commissioner Bhaskar Rao tweeted, "From Monday you don't need a pass to move in Bengaluru between 7am and 7pm. After 7 pm and up to 7am the following morning, even if you have a pass you are not allowed to move except medical and essential service. Checkpoints will remain and your ID may be asked. Please be responsible." After the restrictions were lifted, heavy vehicular movement was witnessed in parts of Bengaluru leading to traffic jam in some areas.

Chikpet, which is the main trade area in Bengaluru, saw some activities.

With restrictions on public transport continuing, this unusually crowded place had very less footfall. "Movement of public is limited due to ban on public transport, such as city buses and Metro Rail.

"The trade activities are taking place between retailers," trade activist and joint secretary of Jain International Trade Organisation Sajjanraj Mehta said .

Select liquor shops in the city and other parts of the state pulled up shutters after being closed for about six weeks due to the lockdown with tipplers thronging them in huge numbers at many places.

Some traders in the city complained that they received notices regarding the Tax Deduction at Source for the month of April "thought here were no trading activities."

Meanwhile, Chief minister B S Yediyurappa announced on Monday that free bus service for migrant labourers, which is operating smoothly, has been extended till Thursday.

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News Network
March 28,2020

Bengaluru, Mar 28: The Karnataka government on Saturday said that the state run Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown, the government said here on Saturday.

The canteens would operate in three schedules -from 7:30 AM to 10 AM, 12:30 PM to 3 PM and 7:30 PM to 9 PM, the government said in a public announcement

During the scheduled hours, street side vendors, labourers and poor would be provided food free of cost.

After the cabinet meeting on Friday, Chief Minister B S Yediyurappa had said food packets would be provided to the poor and needy with the help of some organisations through the Canteens and had sought the help of everyone in this regard.

The State-sponsored, subsidised 'Indira Canteens' as of now serves breakfast at Rs five and lunch and dinner at Rs 10.

The government asked people availing the facility to maintain cleanliness at the canteen and staff who serve food to compulsorily use masks and hand gloves.

It also said soaps and sanitizers should be made available at the canteens.

The government also asked people to maintain a minimum distance of one metre while standing in queue and take all precautionary measures.

Earlier, a day after announcing that food would be provided free of cost through the canteens for daily wagers, Yediyurappa on March 24 had said it has been decided that the canteens will not be opened, after realizing that it was leading to crowding, which drew criticism.

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