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 16,2020

Bengaluru, Jul 16: Rattled by the spurt in Covid-19 positive cases, a Karnataka minister on Wednesday said only god would save the people from coronavirus pandemic.

"Only god has to save us from the virus or the people should be made aware of the infection so that they wear mask and maintain social distancing," state Health Minister B Sriramulu told reporters in Chitradurga, 205-km northwest of Bengaluru.

Noting that the infection does not differentiate between rich and poor, police, doctors, politicians or legislators, Sriramulu said the communicable disease could rise to alarming level in the ensuing two months, as the cases were rising daily the world over.

"Who can control coronavirus? In the present situation, only god has to save us. Otherwise, the people should become aware of its (virus) consequences. If we have made mistakes, we are ready to face punishment for them," said Sriramulu, who is the ruling BJP's legislator from the Molakalmuru reserved assembly segment in the district.

Refuting the opposition Congress charge that the cases were rising in the state due to negligence by ministers, officials and legislators, Sriramulu said Karnataka was performing better than other states till the cases began to steadily rise since unlock started and the people were moving in violation of the guidelines.

A record 3,176 cases were reported from across the southern state during the day, taking the Covid tally to a whopping 47,253, including 27,853 active cases after 18,466 were discharged, with 1,076 during the day, while 928 succumbed to the virus, with 87 in the last 24 hours.

In Bengaluru, which is under 9-day lockdown since Tuesday night till July 22 morning, 1,975 positive cases were registered, taking its tally to 22,944, including 17,051 active after 5,455 were discharged so far, with 463 during the day, while 437 died of the infection, with 60 in the last 24 hours.

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coastaldigest.com news network
June 16,2020

New Delhi, Jun 16: The class 10 and 12 students of the CICSE board can choose not to appear for pending board exams and be marked as per their performance in pre-board exams or internal assessment, according to top officials.

The board had also submitted the proposal before the Bombay High Court on Monday in response to a petition filed by a parent seeking directions to the authorities to cancel exams in view of the spike in COVID-19 cases.

According to Gerry Arathoon, Chief Executive and Secretary, Council for the Indian School Certificate Examinations (CISCE), the students will have to communicate their option to their respective schools by June 22.

For latest updates on coronavirus outbreak, click here

The exams which were postponed due to the lockdown to contain the spread of coronavirus, are now scheduled to be conducted from July 1 to 14. However, several parents have been demanding the exams be scrapped.

"The students will be given two options---they either appear for the rescheduled exams or choose to have their results based on their performance in the pre-board exams or internal assessment. The option will be available only for the pending exams, the result of the subjects for which exams were already conducted, will be calculated as per performance in the exam only," Arathoon said.

The board also clarified that the students will not be entitled to make a subject-wise choice between the two options for pending exams.

Unlike the Central Board of Secondary Education (CBSE), which will only be conducting exams in 29 subjects crucial for promotion and admission to higher educational institutions, the CISCE will be conducting all pending exams.

The pending CBSE exams are scheduled from July 1 to 15. The schedule for the board exams has been decided in order to ensure that they are completed before competitive examinations. While the engineering entrance exam JEE-Mains is scheduled to be held from July 18 to 23, the medical entrance exam NEET is scheduled for July 26.

While the CBSE has given the option to not appear for pending board exams for differently-abled students, it has canceled the examinations for its around 250 schools situated abroad and has adopted the criteria of awarding marks on the basis of either practical exams conducted or the internal assessment marks.

Coronavirus India update: State-wise total number of confirmed cases, deaths on June 16

A group of parents has filed a petition in the Supreme Court seeking a direction to the CBSE to declare results on the basis of tests already conducted, and calculate the total on an average basis with internal assessment marks of the remaining subjects.

Universities and schools across the country have been shut since March 16, when the Centre announced a countrywide classroom shut down as part of measures to contain the COVID-19 outbreak. A nationwide lockdown was announced on March 24, which came into effect the next day.

While the government has eased several restrictions, schools and colleges continue to remain closed.

According to Home Ministry guidelines, there will be no exam centres in containment zones.

"Wearing of face masks by teachers, staff and students will be mandatory. There shall be provisions of thermal screening and sanitiser at the centres and social distancing rules will have to be followed at exam centres. Special buses may be arranged by states and UTs for transportation of students to exam centres," the Home Ministry has said.

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News Network
May 8,2020

Bengaluru, May 8: Karnataka Medical Education Minister Dr K Sudhakar along with Home Minister Basavaraj Bommai on Thursday visited Kempegowda International airport for inspection of the screening facility as over 10,000 people from Karnataka stranded in other countries are scheduled to arrive in the state. 

Sudhakar said all safety measures have been taken for the screening and quarantine of all passengers in hotels, hostels, and school buildings.

He appealed to local residents not to panic as adequate safety measures are being taken to prevent any spread of COVID-19 infection.

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