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
February 12,2020

Mumbai, Feb 12: The Income Tax department's Criminal Investigation wing has identified 2,000 Indian citizens who hold properties in Dubai but had failed to declare it in their IT returns.

In its ongoing crackdown on black money, the agency has identified Indian citizens who purchased properties in Dubai but failed to declare and explain the source of funds used to purchase these properties.

In the past few years, people have used shell companies to route illegal money and buy overseas properties to evade income tax.

However, the tax department has now increased its efforts to track down those involved in major tax evasion cases.

The 2,000 persons and companies identified mainly include businessmen, top professionals, and government officials.

The IT department will initiate action against the accused under the Black Money Act.

Citizens who own properties outside the country but fail to declare the source of funds or income used for the purchase could be prosecuted under the Black Money Act.

Under Section FA (Foreign Assets) of the Income Tax Act, an individual has to declare purchase and ownership of properties, assets, companies owned outside the country while filing the income tax returns annually.

In the recent drive against black money, the IT department identified 2,000 Indian nationals who failed to provide information on the same while filing IT returns.

Of the 2,000 citizens owning properties in Dubai, around 600 could not furnish details regarding purchase details.

Those who haven't been able to explain the source of funds used for the purchase of properties could be prosecuted and their properties can be attached by the agency.

Other than the attachment of the property, they can face a monetary penalty up to 300 per cent of the property value and also face imprisonment under the Black Money Act.

The properties owned by Indians in Dubai raised red flags as this pattern of parking money is used by money launderers, smugglers, underworld gangsters and drug traffickers for making payments.

It is worth mentioning that of the 2,000 citizens identified, most are residing in Mumbai, followed by Kerala and Gujarat.

The clause under section FA (foreign Assets) came into effect in the year 2011-12 and it is mandatory for people owning properties outside India to declare it in their IT returns.

Those identified by IT department could also face action under FEMA (Foreign Exchange Management Act) by the Enforcement Directorate under Section 4.

Recently the Enforcement Directorate (ED) launched a crackdown on black money parked overseas by tracking and identifying immovable assets bought overseas by Indian nationals illegally.

The move is being carried out under rules laid down under Section 4 of FEMA (Foregn Exchange Manipulation Act), 1999. Section 4 of FEMA states that no person resident in India shall acquire, hold, own, possess or transfer any foreign exchange, foreign security or any immovable property situated outside India.

On January 17, the Enforcement Directorate (ED) conducted searches at the residence of a former chief engineer of Brihanmumbai Municipal Corporation (BMC) in connection with an inquiry related to FEMA.

In the raids, the ED officials recovered documents related to the purchase of a property in Dubai in an allegedly illegal manner.

The ex-BMC chief engineer was posted with some of the most crucial wings of the municipal corporation -- the building proposal department and development plan department.

The agency did not disclose the name of the ex-BMC chief engineer but it has been learnt that he had superannuated around seven years ago from the municipal corporation.

ED, in a statement, said incriminating documents with regard to illegal acquisition of a property held in Dubai was recovered during the search operation.

The former BMC chief engineer has stated that he had purchased the property in Dubai at 'Park Island, Bonaire Marsa, Dubai' for Rs 70 lakh in 2012. The property is held jointly in his name, his spouse and son.

The retired BMC officials could not furnish any documents which would help ascertain the value of the property and also could not provide details on how the payments were made to buy the property in Dubai.

The citizens identified by the IT department recently also adopted a similar route to buy property in Delhi. It remains to be seen how the income tax department plans to penalise them.

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News Network
July 10,2020

Bengaluru, July 10: The Karnataka government has decided to hold examinations only for the final semester students of undergraduate (UG) and postgraduate (PG) in various universities of state and promote other semester students to the next level without holding any examination.

The decision was taken to safeguarding the students' interest as well as academic career of lakhs of students during the time of Covid-19 pandemic. The significant move by the Higher Education department was announced by Deputy Chief Minister Dr CN Ashwath Narayan who is also the minister for Higher Education.

The DCM announced that the examination for final semester UG and PG students will be conducted as per the guidelines issued by the University Grants Commission (UGC) by the end of September 2020.

As per the latest decision, all students who are either at the beginning or middle semester of their UG and PG courses will be promoted to next semester without any examination. The state government further made it clear that the latest decision would only be applicable for this academic year--2019-20.

The students will be promoted to the next semesters based on academic performances during the previous assessment.

Giving details of the decision, Dr CN Ashwath Narayan told media persons that the decision was taken in the interest of the students. "Keeping in mind the safety of students during Covid-19 pandemic times, the government has taken the decision. We have also discussed with education experts, former Vice Chancellors before arriving at this decision," he said.

The DCM also revealed that Governor Vajubhai Vala who is the Chancellor of all the universities has also given his consent for the decision. Students can call up on the department helpline 080-22341394 for any academic queries.

How will students be promoted?

The students who are pursuing UG and PG courses at mid semester levels will be evaluated internally based on their academic performance along with the marks scored during the previous semester or year.

"Based on this comprehensive evaluation, we will promote the students to next semester. But for the first semester students, they will be promoted entirely based on internal evaluation on academic performance," the Deputy Chief Minister explained.

In case if the students wish to improve their marks further, they can take the exams separately later. This apart, students with backlog subjects have also been allowed to carry those subjects further into the next semester subject to only the present academic year.

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News Network
January 31,2020

Bangalore, Feb 1: Following the Directions from department of Health and Family Welfare, Govt of Karnataka, to set up Isolation ward for the admission and treatment of the Novel Coronavirus infected patients, Fortis Hospital, Bangalore has allocated 5 isolation beds, 4 at its Bannergatta unit and 1 at Cunningham Road Unit.

According to a statement issued here on Friday, Dr A Nagasubramaniam, Medical Director, Fortis BG unit said, “We are following the guidelines and protocols as suggested by Department of Health and family welfare and Rajiv Gandhi Institute of Chest Diseases in line with WHO guidelines for managing any suspected case. We will accordingly notify the health authorities.”

The management has been educating the hospital staff members, visitors and patients about the virus and the precautionary measures on a timely basis. A health advisory on Coronavirus has also been put up at the lobby and the canteen to educate the patient attenders, nurses and staff members, the statement added.

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