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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Agencies
March 6,2020

The rapid spread of COVID-19 across the globe has thrown movement of lakhs of travelers off gear. This has not only impacted pleasure trips of tourists but also business travel resulting in monetary losses worth millions.

In wake of numerous advisories against travel, the travel industry, particularly the aviation sector, has also get badly impacted. Not only traffic on their once popular routes have plummeted but several have to cancel flights to destinations in China and few other South and East Asian countries to prevent becoming carrier of the contagious virus.

According to MakeMyTrip flight bookings for Southeast Asian countries have been significantly impacted but sectors in But US and Europe are only seeing a marginal dip.

More than 95,000 people in 86 countries have been infected with the virus and more than 3,200 people have died. In India so far 31 persons have tested positive for the virus.

So the situation across the globe remains grim with only positives coming from China where fresh infections of COVID-19 has reduced. But does that make travel safer? And what if you still need to travel...are there enough flights available or whether the ticket you procured protects against any unforeseen cancellations?

Here is the situation as it exists :

International flights by domestic carriers:

*Air India and Indigo that run long haul flights have cancelled their flights to Hong Kong and Shanghai and the restrictions may well run into June

*SpicejJet has cancelled Delhi Hong Kong flights till March 28

*Vistara Airlines has cancelled around 54 flights to and from Bangkok and Singapore.

*GoAir suspends flight operations to Dammam, Saudi Arabia after an advisory issued by the Saudi government to not allow non-Saudi residents to enter. It has also suspended flights to Thailand

International flights by global airlines:

*Almost all major airlines operating out of India have suspended flights to China, Korea, Iran, Italy and some to Japan.

*European and American connections provide by airlines such as Lufthansa, KLM, United Airlines from India continues

*JAL is still operating its service to Japan from India

*United, Air Canada, JetBlue, Alaska, American Airlines, Delta, Brutus Airways have suspended flights to China and reduced operations in countries with high Coronavirus infections such as Italy

Domestic airlines:

There have been no restrictions on domestic travel, so far.

What advisories have been issued by authorities that can affect your travel plan :

*From March 9 midnight all air travellers having visited or arriving from Italy and South Korea will require to submit a certificate of having tested nagative from health authorities -designated lab in their countries for Coronavirus at the departure.

*India has also suspended most visas issued to nationals of Japan, South Korea, Italy, Iran and China, as well as suspending visas of any travellers who had been to those five countries since February.

*It has now been decided that all incoming international passengers must declare their travel history to health and immigrations officials at India's airports.

*Arrivals from DGCA list of 12 countries undergo thermal screening, passengers with high temperature taken to quantantine

*Screening to be carried out at 21 airports across the country

*Regular (sticker) visa/e-visa granted to nationals of People's Republic of China, issued on or before February 5, 2020 were suspended earlier. It shall remain in force.

*Those needing to travel to India under compelling circumstances may apply for fresh visa to the nearest Indian Embassy/Consulate," the advisory said.

*An advisory had also directed passengers arriving directly or indirectly from China, South Korea, Japan, Iran, Italy, Hong Kong, Macau, Vietnam, Malaysia, Indonesia, Nepal, Thailand, Singapore and Taiwan to undergo medical screening at the port of entry

Travel Insurance :

*All Indian carriers are offering full refund or bookings to alternate destinations for flights that were booked earlier but are getting cancelled due Coronavirus scare.

*GoAir stated that people have the option of availing a full refund or utilising the booking amount for any future travel with the airline.

*In a travel advisory, Emirates has stated that those wishing to travel to Saudi Arabia will have to contact the Emirates office or their travel agent for refunds.

*Others travellers having expensive insurance cover may get full refunds by the insurance companies if they have included everything under coverage.

*But a larger number of insurers do not provide travel insurance against any pandemics outright. Moreover, any travel plan made now may not get covered for can cancellations due to Coronavirus.

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News Network
March 3,2020

Bengaluru, Mar 3: Karnataka Health Minister B Sriramulu has called a meeting of top officials of his department on Tuesday following information that the man, who tested postive for novel coronavirus in Telangana had travelled from the city.

The minister in a tweet said people residing in the person's local address have been identified and are being monitored.

He also said state government has taken all precautionary measures to contain the spread of the virus.

The condition of the 24-year-old man, who tested positive for the coronavirus was stable and he was being treated in an isolated ward at the state-run Gandhi hospital in Hyderabad, the Telangana government had said on Monday.

The man, a software engineer who works here, had been to Dubai last month on an official visit, where he is suspected to have contracted the virus.

The man reached Bengaluru on February 19/20 and later travelled to Hyderabad in a bus.

Earlier, Sriramulu had said, the government has strengthened all surveillance and control measures against the spread of the virus in Karnataka.

Till date, 468 travellers from COVID 2019 affected countries have been identified and 284 are under home isolation while one admitted in selected isolation hospital, he had said.

The Karnataka Minister had also said that till date samples of symptomatic are sent for testing, out of which 240 samples were eligible for testing and 238 were reported as negative.

He added that 104 'arogya sahayavani' (health helpline) has reserved 2 seater for receiving calls and providing guidance over Coronavirus and 6,770 calls have been received and information provided.

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News Network
January 14,2020

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.

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