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.

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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
January 29,2020

Bengaluru, Jan 29: Ramesh Jarkiholi on Tuesday demanded that he and all the newly elected MLAs, who won the bypolls after defecting from the Congress and JD(S), be inducted into the cabinet — likely on January 31 — as promised by chief minister BS Yediyurappa.

"We are hoping all 11 MLAs will be made ministers," Jarkiholi said. "That is what the BJP and the CM promised us and we hope they will keep their promise." This is the first time Jarkiholi has spoken in public on cabinet berths, ever since reports surfaced of the party high command not being in favour of inducting all the turncoats into the council of ministers.

Jarkiholi also said fellow rebel AH Vishwanath should be given a ministerial berth.

Vishwanath, formerly of the JD(S), had lost the bypolls. Jarkiholi said the rebellion would not have succeeded had it not been for Vishwanath.

"Those of us who rebelled against the JD(S)-Congress coalition government got a shot in the arm when Vishwanath supported us," Jarkiholi said. "It is imperative that we support him," he said, even as he sought to distance himself from comments made by newly-elected MLAs ST Somashekar and D Sudhakar, who said Vishwanath cannot demand a ministerial post.

Meanwhile, the BJP issued another deadline — January 31 — to expand the cabinet. "In all likelihood, cabinet expansion will take place on Friday," said an aspirant for a berth. But several BJP functionaries are skeptical of meeting the new deadline.

"Till now, the CM has not been given the green signal by the high command. This is all I can say," said a senior minister in Yediyurappa’s cabinet, while insisting he wouldn’t be surprised if the exercise was postponed till the Delhi elections are over.

Former minister and independent R Shankar, who along with Mahesh Kumatalli and Shrimant Patil accompanied Jarkiholi to a trip to Nanjangud, Mysuru district, has upped the pressure on Yediyurappa to field him in the bypoll to the lone vacant council seat. "I am confident the CM and the BJP will honour promises made to me," Shankar said.

The former minister had joined the BJP during the rebellion, but was not given a ticket to contest the bypolls.

In Chikkamagaluru, deputy chief minister Govind M Karjol insisted he is prepared to step down if needed to enable new entrants into the cabinet. "I’m a disciplined solider of the party. If the BJP directs me to submit my resignation, I will do so and return my official car and take a bus to Bengaluru," Karjol said. He said anyone who doesn’t respect the party line will not grow. "It is imperative to toe the party line," he said.

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News Network
June 22,2020

Bengaluru, Jun 22: Senior Congress leader BK Hariprasad and BJP’s MTB Nagaraj, one of the defectors who helped the saffron party come to power in Karnataka, were unanimously elected to the Legislative Council along with five others on Monday. 

All seven were declared as “duly elected” by Legislative Assembly Secretary MK Vishalakshi, the returning officer for the biennial election to the Legislative Council. 

Hariprasad and Naseer Ahmed of the Congress, Nagaraj, R Shankar, Prathap Simha Nayak and Sunil Vallyapur of the BJP and Govinda Raju of the JD(S) are now MLCs. 

While Ahmed was an incumbent who will get another term, the six others will replace Jayamma, MC Venugopal, NS Bore Raju, HM Revanna and TA Sharavana and DU Mallikarjuna whose term ends June 30. 

While an election was scheduled June 29, it was not necessary as only seven candidates were in the fray for the seven seats on Monday, which was the last date for withdrawal of nominations. The nominations of A Yadavanahalli PC Krishnegowda and Mandikkal Nagaraja were rejected. 

With their rejection as MLCs, Nagaraj and Shankar - who jumped ship to the BJP last year - will now look to become ministers in Chief Minister BS Yediyurappa’s Cabinet. Both Nagaraj and Shankar were ministers when they resigned and defected from the Congress-JD(S) coalition. While Nagaraj lost the December 2019 bypolls, Shankar did not contest. 

Nagaraj, Shankar and Vallyapure were Yediyurappa’s picks for the Council, whereas Nayak is said to have been backed by BJP state president Nalin Kumar Kateel. 

There were many aspirants in the Congress for the Council berths, but Hariprasad and Ahmed were picked, given their experience. Hariprasad is widely believed to counter Siddaramaiah, who leads the party in the Assembly. 

Raju of the JD(S) runs a poultry business in Kolar and the choice of a fresh face is seen as the party leadership steering clear of any trouble as there were many asking for the ticket. 

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News Network
March 10,2020

Bengaluru, Mar 10: Techies living in a Whitefield apartment block where the city's first Coronavirus patient was residing have been asked to work from home.

The Karnataka government is in touch with the heads of IT and ITES companies, some of which are said to have asked their staff to work from home.

Deputy Chief Minister Dr C Ashwath Narayan, who also holds the IT and BT Portfolio, said the government had directed the companies to explore giving their employees the work-from-home option.

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