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
June 10,2020

Bengaluru, June 10: The Department of Primary and Secondary Education of Government of Karnataka today ordered a ban on online classes for children from KG to class 5.

The decision was taken following a report based on the report submitted by director NIMHANS, recommending online classes only above the age of 6 years and also following the complaints from several parents about online classes conducted by private schools even for kindergarten kids.

Briefing the media soon after the meeting with department officials, S Suresh Kumar, primary and secondary education minister said, "We have taken two major decisions today. The online classes for LKG, UKG and primary classes should be stopped immediately."

Even collecting fees in the name of online classes should be stopped, said the minister. "We have already issued a circular about it insisting that schools not collect fees in the name of online classes and also requesting schools not to increase fees for the 2020-21 academic year considering financial constraints of several people due to the COVID-19 pandemic," said the minister.

The department, however, also discussed how to engage children during this period as there was no clarity over the reopening of schools for the 2020-21 academic year. "We have constituted a committee to prepare guidelines on how to engage students and increase their knowledge. The committee is headed by Prof. MK Sridhar," he said.

Before taking this decision, the department had three rounds of discussions with various experts, including Prof. MK Sridhar, Prof. VP Niranjanaradhya, Dr John Vijay Sagar and other departments, including the home and health departments.

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News Network
March 7,2020

Mysuru, Mar 7: Karnataka Minister for Medical Education K Sudhakar on Saturday said that State Government may consider suspending the touch-based Biometric time and Attendance system for its employees in view of the COVID-19 threat.

Speaking to media persons while inspecting the medical infrastructure at KR Hospital here on Saturday, he said that many IT companies have already suspended the Biometric Attendance system in a bid to prevent the spread of the virus. Given the threat perception, the government was also contemplating the same and would consider it. However, he did not specify the date.

With regard to the preparedness to handle the threat, the Minister said the government was extremely cautious since last 20 days and had taken all precautionary measures. “All international passengers at the airport are being screened and so far nearly 1 lakh passengers have been screened and anyone with symptoms will be quarantined for 28 days.’’

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coastaldigest.com news network
May 6,2020

Mangaluru, May 6: Amidst preparation for the paid evacuation of Indians stuck in Gulf countries amidst coronavirus lockdown, the central government has announced that it would only do a medical screening of the passengers before the flight and only asymptomatic persons would be allowed to travel.

Each passenger will have to fill a self-reporting form to be presented at the health and immigration counter at their destination.

The passengers are required to state whether they are suffering from fever, cough, diabetes or any respiratory disease. This form is similar to the one filled by passengers landing in India during the early days of the COVID-19 outbreak.

As per the announcement by the government, returnees would undergo COVID-19 once they complete 14-day quarantine in a hospital or government –arranged institution on a payment basis.

However, the form asks the applicants to keep themselves isolated at home for 28 days unless they develop any symptoms such as fever and cough.

During the journey, they will have to follow the protocols such as those issued by the Health Ministry and the Civil Aviation Ministry. Applicants from the UAE are yet to receive instructions on these.

On reaching the destination, passengers will have to register on the Arogya Setu app, India’s mobile application for COVID-19 surveillance.

No physical distancing!

Air India Express (AIE) which is set to operate the first two flights to Kerala on Thursday will operate its Boeing 737-800 flights, with a seating capacity of 186 economy class seats.

With nine seats reserved for isolation, only 177 passengers would be flown, sources said.

While most of the UAE flights in the first week will be operated by the AIE, Air India will operate two of its Dreamliner aircraft with a seating capacity of 256 seats. These flights would also reserve some seats for isolation.

However, the plan has made it clear that the Indian government will not be following the rules of physical distancing to prevent the spread of coronavirus in the repatriation flights.

Several people, including the Chief Minister of Kerala Pinarayi Vijayan, expressed concern over flying passengers, who will not be tested for COVID-19, without observing physical distancing.

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