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
May 14,2020

Bengaluru, May 14: Reformed underworld don Muthappa Rai, who was battling cancer for the past year, was said to be in a critical condition at Manipal Hospital in Bengaluru, late Wednesday night. Doctors said he was on life-support at the time of going to press. Rai (68), realtor, entrepreneur and founder of pro-Kannada organisation Jaya Karnataka, had retired from public life after he was diagnosed with cancer. He was part of an ongoing investigation into gangster Ravi Pujari, who was extradited from Senegal recently.

Born in Puttur into a Bunt family, he started out as a bank employee in Bengaluru, and later ran a live band restaurant. In 1994, he was shot in a Bengaluru court by a man dressed as a lawyer, after which he was bedridden for a couple of years.

Rai Moved to Dubai in 1996. He was deported from the UAE to India in 2002, and was arrested in Bengaluru when HT Sangliana was the police commissioner. Both Rai and Pujari had allegedly been associated with underworld don Dawood Ibrahim.

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News Network
April 9,2020

Bengaluru, Apr 9: A special task force--set up by the government of Karnataka--submitted a report to the Chief Minister of Karnataka BS Yediyurappa, putting forward recommendations suggesting minimisation of restrictions in districts where there is nil or minimum cases, here on Wednesday.

The committee said: "COVID-19 and non-COVID-19 patients should be segregated and online health services should be encouraged. Restrictions should be minimised in districts where there is nil or minimum cases of COVID-19 and lockdown should be continued in hotspot areas with quarantine measures strictly being implemented."

With regards to the testing of likely patient, the committee informed that rapid test kits would help to quarantine more likely patient. "The rapid test kits will arrive in April 12. These kits will boost our facility and would help us in quarantining the more people."

On the subject of lifting transportation ban, the committee suggested that the transport of goods and services must continue but with regards to passenger carriers, they are suspended till April 30.

"Goods and Transportation should be allowed, but passenger carriers should be banned until further orders. No buses, trains nor flights will be plying till April 30. No metro trains and auto-rickshaws should be allowed and an odd-even system transport system should be implemented," the committee added.

The committee also suggested that all industries, IT, BT and Garments should be made to work on 50 per cent strength. Garments workers should be allowed to stitch PPEs, which are in more demand. And for construction workers, the committee suggested that they should be allowed to work at sites at 50 per cent strength.

They suggested that educational institutions remain closed till May 30 and online classes must be encouraged.

Dr. Devi Shetty heads the Taskforce and Dr. C. N. Majunath, Dr. Nagaraj, Dr. Ravi and Sudharshan were also the part of the committee.

According to the Ministry of health and family welfare, 181 cases have been reported in the state so far. A total of 5,734 positive cases have been reported of which, 166 are dead and 473 are cured/discharged and migrated.

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News Network
July 21,2020

Bengaluru, Jul 21: The total number of Covid-19 cases in Karnataka breached the 70,000 mark on Tuesday as the state reported 3,649 fresh infections, while 61 fatalities took the death toll to 1,464, the health department said.

The day also saw 1,664 patients getting discharged after recovery. Out of 3,649 fresh cases reported on Tuesday, a whopping 1,714 were from Bengaluru urban alone. As of July 21 evening, cumulatively 71,069 Covid-19 cases have been confirmed in Karnataka, which includes 1,464 deaths and 25,459 discharges, the health department said in its bulletin.

It said that out of the 44,140 active cases, 43,557 patients are in isolation at designated hospitals and are stable, while 583 are in Intensive Care Units.

Twenty-two out of 61 deaths reported on Tuesday are from Bengaluru urban, followed by five each from Dakshina Kannada, Mysuru and Dharwad, four each from Kolar and Belagavi, three each from Hassan, Tumakuru and Haveri, Bidar 2, and one each from Chikkaballapura, Chikkamagaluru, Chamarajanagara, Gadag and Vijayapura.

Most of the deceased either had a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI). Out of 3,649 cases tested positive on Tuesday, contacts of the large number of the cases are still under tracing.

Among the districts where new cases were reported, Bengaluru urban accounted for 1,714, Ballari 193, Dakshina Kannada 149, Mysuru 135, Yadgir 117, Uttara Kannada 109, Hassan 107, Kolar 103, followed by others.

Bengaluru urban district topped the list of positive cases, with 34,943 infections, followed by Dakshina Kannada 3,829 and Kalaburagi 2,966. Among discharges Bengaluru urban was on top with 7,476 discharges, followed by Kalabuagi 1,834 and Udupi 1,731.

A total of 10,64,734 samples were tested so far, out of which 43,904 were tested on Tuesday alone, the bulletin said. It said that 19,328 of the 43,904 samples tested today were rapid antigen tests.

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