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

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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 24,2020

Bengaluru, Jan 24: Karnataka Chief Minister BS Yediyurappa on Friday said the much-delayed Cabinet expansion will take place in the next three days.

At the Kempegowda International Airport, after his arrival from Davos, he informed that he would discuss the matter with Union Home Minister Amit Shah to take a final decision on the distribution of important portfolios.

Deputy CM Ashwanath Narayna, Home Minister Basavaraj Bommai and others received the Chief Minister at the airport. The issue of Cabinet expansion was kept in abeyance, ever since the spectacular victory of 12 Assembly seats for BJP, for which the by-elections were held recently. The bypolls were necessitated, following the resignation of about 17 sitting Congress and JD (S) MLAs, which resulted in the collapse of the JDS-Congress coalition government in the state.

BJP had reportedly lured the Congress and JD (S) MLAs into their camp, after promising them to give party ticket to contest the elections, as well as ministerial berths. The Chief Minister had kept as many as 16 Cabinet berths, along with plum portfolios, vacant, after forming the BJP government, with the support of the deserted Congress and JD (S) MLAs, in July last. However, the issue of Cabinet expansion had postponed on one reason or the other, as Yediyurappa was struggling to keep the promise he had made to the former Congress and the JDS MLAs, on whose sacrifice the BJP came back to power.

With the strong demand for ministerial berths within the loyal BJP MLAs, the BJP high command had reportedly advised Yediyurappa to accommodate only a few of the turncoat MLAs and strike balance between the groups.

However, Yediyurappa, who had assured the Congress and JD (S) MLAs of giving them Cabinet berths, had been in dilemma ever since and found it tough to convince the party's Central leaders.

According to party sources, the Chief Minister is not only facing problems over the expansion of his Cabinet, but is also worried over the demand for creation of more number of Deputy Chief Ministers, adding to the present list of three.

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News Network
May 3,2020

Dubai, May 3: Over 150,000 Indians in the UAE, who wish to return home amid the coronavirus lockdown, have applied through the online registration process to the Indian missions here, according to media reports.

The Indian missions in the country last week opened online registration for the expatriates who wish to fly back home after getting stuck in the country amidst the lockdown due to the coronavirus pandemic.

As of 6 pm on Saturday, we received more than 150,000 registrations, Consul General of India in Dubai Vipul told the Gulf News on Saturday.

A quarter of them want to return to their homeland after losing their jobs, he said.

According to a report in the Khaleej Times on Sunday, about 40 per cent of the applicants who have registered are blue-collared workers and 20 per cent are working professionals.

"Roughly 20 per cent have suffered job losses and about 55 per cent of the total applicants are from Kerala," Neeraj Aggarwal, Consul, Press, Information, Culture was quoted as saying in the report.

Aggarwal said that the figures would change as they are expecting registrations from workers from other states, including Telangana, Uttar Pradesh, and Bihar.

About 10 per cent of the applicants are visit and tourist visa holders who got stranded here due to the ongoing lockdown in India.

India extended the ongoing lockdown by two weeks from May 4 to contain the spread of the coronavirus that has affected nearly 40,000 people in the country.

Aggarwal said that a small number of the applications constitute those from pregnant women and other medical cases.

Since the online registration process was launched, the Consulate's website crashed several times due to the heavy rush of applicants wishing to register to fly back home.

The site has been working fine now though it took a lot of time for it to stabilise in the initial phase due to the heavy traffic, the counsel general said.

He said that the missions here have not yet received any information from the Indian government about the mode of transport of the stranded citizens, the prices of the tickets or how the COVID-19 test results of applicants would be assessed for their journey.

There are high-level discussions going on regarding these things, he said in the report.

Meanwhile, Norka (The Non Resident Keralites Affairs) said it has received a total of 398,000 applications from Keralites across the globe who wish to return home.

"Of which, the highest numbers are from the UAE. At least 175,423 applicants have signed up from the UAE," Norka said in an official statement on Saturday.

It also received 54,305 registrations from Saudi Arabia, 2,437 from the UK, 2,255 from the US, and 1,958 from Ukraine from those who wish to return to India, the Khaleej Times reported.

The coronavirus has infected 13,599 people and claimed 119 lives in the UAE, the Ministry of Health and Prevention said on Saturday.

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News Network
February 27,2020

Bengaluru, Feb 27: Union Minister of State for External Affairs V Muraleedharan on Wednesday said the Union Government will take up the issue of establishing a US consulate in Bengaluru during bilateral talks with the US officials in the future.

Speaking at a seminar on Videsh Sampark here, Mr Muraleedharan said after Delhi and Mumbai, a large number of visa applications come from Bengaluru. “We will take up the issue of establishing a US consulate in Bengaluru during bilateral talks,” he said.

Earlier, the chief secretary of Karnataka TM Vijay Bhaskar urged the centre to consider the state government’s demand of setting up a US Consulate in Bengaluru. At the moment visa applicants have to travel to Chennai for the purpose.

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