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
July 22,2020

Udupi, Jul 22: Deputy Commissioner G Jagadeesh on Wednesday announced lifting of ban on movement of people and vehicles with immediate effect in the borders of Kerala which was banned during lockdown.

The announcement comes hours after Karnataka Chief Minister B S Yediyurappa announced that lockdown in Bengaluru and other parts of the state will not be extended any further, suggesting people should wear masks and maintain physical distancing strictly.

Mr Jagadeesh noted that although the seal down of the borders of the district would be lifted, checkposts on the border would be set up and urged people to enter the district only in case of emergency.

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News Network
July 13,2020

Bengaluru, July 13: As Bengaluru prepares for a seven-day lockdown from Tuesday following the spike in COVID- 19 cases, opposition parties in Karnataka have urged the government to enforce the measure in the entire state.

JD(S) patriarch H D Deve Gowda and Congress working president Eshwar Khandre have demanded that the entire state be placed under lockdown.

Welcoming the government's decision to implement the lockdown in Bengaluru Urban and Rural, Gowda said, "I urge the government through the media to enforce lockdown in the entire state."

The former Prime Minister in a statement appealed to people of the state and the entire country to wear masks while venturing out, maintain social distancing, clean hands with sanitizer regularly, and to come out only if there is necessary work.

Stating that allegations of misappropriation have been made by several leaders against the government in implementing measures and packages to control spread of the virus and its impact, Gowda said, "whatever it is let's discuss about it in the next legislature session, at present health of the people is important and let's focus on it."

The government should work in this direction, we are all with the government, let's not play with the health of the people, he said, adding that "I appeal that at least from here on work actively."

With a spike in Covid-19 cases, the Karnataka government on Saturday announced complete lockdown in Bengaluru Urban and Rural from July 14 to 22.

The lockdown is from 8 pm on July 14 to 5 am on July 22.

Congress leader Khandre, meanwhile reminded Chief Minister B S Yediyurappa that COVID cases and related fatalities were not only increasing in Bengaluru but also in the border districts of the state.

The situation was getting out of hand in Bidar, Kalaburagi, Yadgir, Raichur, Koppal, Ballari districts, he alleged.

"So implement strict lockdown once again in the state at least for fifteen days."

"Bring the situation under control. I appeal to the government that in this lockdown period at least to correct its past shortcomings and take all measures to face the pandemic efficiently in the future," he tweeted.

Meanwhile, Chief Minister B S Yediyurappa will be chairing video conference with Deputy Commissioners, Zilla Panchayat CEOs and Superintendents of Police of various districts regarding the COVID situation and the rains.

As of July 12 evening, cumulatively 38,843 COVID-19 positive cases have been confirmed in the state, which includes 684 deaths and 15,409 discharges.

Bengaluru Urban district tops the list of positive cases, with a total of 18,387 infections. Of the 2,627 fresh cases reported in the state on Sunday, a whopping 1,525 cases were from Bengaluru Urban alone.

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News Network
June 23,2020

Bengaluru, June 23: Karnataka Congress chief D K Shivakumar has urged his party colleagues to be active on social media to counter the propaganda of Bharatiya Janata Party.

Speaking to media persons, the KPCC president said that no more than 20 out of the 68 Congress MLAs are active on social media.

“All those MLAs who are doing well need to be projected. We want leaders, not mere followers. They all should be the face of Congress in Karnataka. Party should not depend on just my face or Siddaramaiah’s,” he said.

Shivakumar’s diktat has resulted in the party’s social media unit scrambling to get leaders to create their accounts.

“We’re pressuring all the party MLAs and leaders. We’re asking their personal assistants or gunmen to operate their accounts if they are not savvy with social media,” KPCC social media chief A N Nataraj Gowda said.

He pointed out that the 20 MLAs who are active on social media include U T Khader, Dinesh Gundu Rao, Priyank Kharge, Krishna Byre Gowda among others.

“We’re also trying to get the accounts verified of those who are beginning to get active. For example, it was only recently that we got the accounts of S R Patil and Vijay Singh verified,” Gowda said.

Tapping the full potential of social media is crucial for the Congress because the BJP has found much success in reaching out to voters through various online platforms.

In fact, ahead of the 2018 Assembly elections, the Congress found that there were 10 ministers and some 40 MLAs who had turned a blind eye towards social media.

Shivakumar said he was also working on putting in place a system in the party under which all developments related to the state and country will be communicated to all party leaders at 10 am every day.

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