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
July 6,2020

Bengaluru, Jul 6: Karnataka government has revised quarantine norms according to which those entering the State from other states, including from Maharashtra, shall be placed in 14-days home quarantine.

Until now, the state government had issued that those returning from Maharashtra are to be placed under 7-day institutional quarantine followed by 7-day home quarantine.

A fresh state government order with the subject line "Regulation of movement of persons from other States to Karnataka" reads: "Whereas the State Government vide Order dated June 30, issued unlock 2 guidelines which permit reopening of more activities in a calibrated manner, in areas outside the Containment Zones, and to extend lockdown in Containment Zone upto July 31. The guidelines also permit unrestricted interstate movement of persons and goods adhering to the SOPs/ Guidelines issued by the Department of Health and Family Welfare and Department of Revenue (Disaster Management)".

Whereas, the Department of Health and Family Welfare issued revised SOP for the moment of persons from other State to Karnataka vide document dated June 8, this year, further, quarantine norms were modified vide Orders of even number dated June 15 and June 26.

"The quarantine norms are regularly reviewed and calibrated with the prevailing Unlock 2 guidelines and infusion of technology and community involvement to enforce the strict home quarantine. In light of the above, the quarantine norms issued vide Order dated June 26, has been further modified and is follows--Persons coming from other State to Karnataka, including Maharashtra shall be placed in 14-days Home Quarantine," the order read.

"The other conditions as specified in the Order dated June 15 and aforementioned SOP enclosed issued on June 8 by the Department of Health and Family Welfare shall continue to be in force until further orders," it added.

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News Network
July 2,2020

Bengaluru, Jul 2: Former Karnataka Chief Minister HD Kumaraswamy on Thursday accused BS Yediyurappa-led state government of "failure" to protect the citizens from coronavirus, stating that Karnataka was suffering due to lack of co-ordination in the cabinet.

In a series of tweets, the JD(S) leader slammed the state government for wasting their time in giving out contradictory statements regarding COVID-19 figures instead of learning lessons from the Kerala government.

"It is shocking to see COVID-19 patients being turned down by the hospitals due to lack of beds. The government has failed in its duty to protect the citizens. The CM and his cabinet colleagues wasted precious time in mere talking for the last three months. As the escalated Covid numbers stare them in the face, they are now helpless," Kumaraswamy wrote.

"Even when you have a proven model in Kerala government's success in Covid management, the ministers waste time in issuing contradictory statements and doing nothing. Karnataka suffers due to lack of co-ordination in the cabinet," he said.

Urging the government to act together, he said that if the government does not get its act together, the day is not far when Covid patients would be "condemned to die on the streets."

We are already seeing heart-wrenching stories of patients denied treatment," he added.

Kumaraswamy also appealed to the Karnataka government to consider the suggestions he had made earlier and not to indulge in party politics in these testing times.

"I appeal to the government to consider the suggestions I made earlier and act accordingly. This is not the time for party politics."

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News Network
July 4,2020

Bengaluru: The Secondary School Leaving Certificate (SSLC) examinations in Karnataka concluded on Friday with an overall average of about 98 per cent attendance amid the coronavirus scare. Chief Minister B S Yediyurappa congratulated the lakhs of students who appeared for the crucial exercise braving the coronavirus pandemic situation.

An average of about 98 per cent of 8.5 lakh odd enrolled students took the exams which began on June 25, after the government stuck to its decision to go ahead with them despite rising coronavirus cases but laid down a string of safety measures, including face masks and maintaining distancing by seating only one student a bench.

Examinations for all main subjects had been completed and alternative subjects such as music would take place on Saturday, Education department officials said.

"I heartily congratulate students who faced the examination even during the coronavirus pandemic," Mr Yediyurappa tweeted.

Expressing happiness over the successful completion of the examination, he greeted state Primary and Secondary Education Minister S Suresh Kumar, officers and employees of education department, health department, police and transport personnel.

"The exam is a proof that anything can be made possible if all the government departments work in tandem," Mr Kumar tweeted.

Later addressing a press conference, he said on Friday 98.10 per cent attendance was recorded compared to 98.76 for the same paper last year.

"Credit goes to children. First day, parents were scared and students were sceptical and there was a big challenge before us. But the children appearing for the exam instilled confidence. They came with masks, sanitisers and were careful about maintaining social distancing. Our children have set an example for others to follow," Mr Kumar said.

Lauding the students, parents and the government staff who made the exam possible ignoring the virus scare, Medical Education Minister Dr K Sudhakar said Karnataka has set an example by successfully conducting the examination.

The Karnataka Secondary Education Examination Board, which conducted the examination, faced various challenges. While protecting students from coronavirus infection was the top priority, transportation, security and convincing the parents to allow their children to take up the exam were the other factors it encountered.

According to sources in the department, the education officers had directed authorities of all the schools to call the parents and students to make sure that they appear for the examinations.

The Central Board of Secondary Education (CBSE) and boards of various neighbouring states either gave general promotion or decided to give marks to the students based on their performance in the earlier tests conducted by the schools.

The exams were conducted at a time when there was a sudden spurt in coronavirus cases in Karnataka, especially Bengaluru. Expressing apprehension, former chief minister and JD(S) leader H D Kumaraswamy had appealed to the government to postpone the examination but the government went ahead with its decision.

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