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
February 11,2020

Bengaluru, Feb 11: A 36-year-old woman who fought back after being stabbed eight times by a helmet-clad intruder succumbed to injuries at a hospital.

Susheela was in shock after she pulled off the attacker’s helmet as it was her own brother-in-law. Before breathing her last, she explained the sequence of events to the police.

She said her brother-in-law attacked her because he was eyeing their ancestral property worth over Rs 10 crore. “Susheela put up a stiff resistance and identified her assailant. But the stab injuries proved to be fatal,” said a police officer. Based on her statement, Ananth Kumar, 42, was arrested on murder charges.

The attack occurred on February 7 at Honaganahatti village in Tavarekere, off Magadi Road. Susheela, whose husband Gangaraju died in a road accident 12 years ago, was living with her 14-year-old daughter and 75-year-old mother, Rudramma.

On Friday, her daughter had gone to school and Rudramma was sitting outside the house when a man walked in wearing a full-faced helmet and attacked Susheela with a knife. She defended herself with a stick used for making ragi balls and by throwing chilli powder at his face. But the attacker stabbed her on the hand, neck and head. He fled when Susheela identified him and raised an alarm. Neighbours rushed her to a hospital.

During questioning, Kumar reportedly confessed to the crime, saying he wanted to get rid of her as she was not agreeing to sell five acres of their ancestral property.

Susheela’s nephew Kiran G said: “The family owned six acres. Kumar sold one acre for Rs 50 lakh a few years ago after convincing Susheela. He, however, paid her only Rs 5 lakh. Lately, he was pestering Susheela to sell the remaining land as buyers were ready to pay Rs 2.5 crore per acre. But she was hesitating as she had been cheated by him earlier.”

Police are now examining the circumstances under which Gangaraju was killed. “We learnt the driver who had been arrested in connection with Gangaraju’s accident is currently working with Kumar,” said an officer.

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News Network
July 16,2020

Bengaluru, Jul 16: Karnataka Medical Education Minister K Sudhakar on Thursday paid a surprise visit to the C V Raman Hospital in Bengaluru and urged the administration to follow COVID-19 guidelines properly. He also took stock of the hospital's preparedness to fight the deadly virus.

The minister noticed a number of flaws and warned the hospital to go strictly by the guidelines. He saw that despite 15 high-flow oxygen beds lay vacant, only two patients were admitted. He then asked the hospital to send asymptomatic and mildly symptomatic patients to COVID-19 care centres so that beds were available to those who need these.

"Doctors' profession is a noble one and in a situation like this everyone should perform their duty with utmost humanity and compassion. During this crisis, we should all be kind and empathetic," the minister said. He also ordered the suspension of two officials for not following the guidelines and not giving the right treatment to patients.

He noticed that the hospital lab collected less number of swabs and instructed them to collect a minimum of 500 swabs per day. Pointing out the under-utilised beds and ICUs, he observed that because of such negligence by officials, the government is being blamed despite working day and night for the past four-five months.
During this visit, the minister also interacted with the patients through video call and enquired about the services provided to them by the hospital.

"Surprise visits will continue. I will be in touch with every lab and get the right number of tests done on a daily basis," the minister said while speaking to the media.

He also urged the people who have recovered from COVID-19 to donate their plasma to save other lives, adding that donors will receive a reward of Rs 5000 as a token of appreciation.

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News Network
March 3,2020

Bengaluru, Mar 3: Karnataka Health Minister B Sriramulu has said that a medical team is monitoring the health condition of all those people who had stayed with the coronavirus-hit techie who is admitted to a hospital in Hyderabad.

The first confirmed case of the novel coronavirus (COVID-19) in Telangana was reported from Hyderabad on Monday where a man from Bengaluru, who recently returned from Dubai, tested positive for the virus.

"It has come to our knowledge that the coronavirus-hit person in Hyderabad had gone from Bengaluru. Therefore, all the members in the house where he had stayed here have been identified and are under watch," Mr Sriramulu tweeted on late Monday night.

The minister said he has convened a meeting with the additional chief secretary, commissioner and other senior officials of the health department today.

"Our government has initiated all the measures to prevent the spread of this virus," the minister said.

It is learnt that the 24-year-old techie had not contracted it when he was in Bengaluru but all precautionary measures have been taken.

The software engineer, who works in Bengaluru, had worked with people from Hong Kong in Dubai last month where he is suspected to have contracted the virus, Telangana health minister E Rajender told reporters in Hyderabad.

The man reached Bengaluru on February 19/20 and later went to Hyderabad in a bus.

He took treatment for fever after coming to Hyderabad and was admitted to a private super speciality hospital in the city. As it did not subside, he came to the state-run Gandhi hospital on Sunday evening, Mr Rajender said.

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