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.

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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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coastaldigest.com news network
July 31,2020

Mangaluru, Jul 31: Muslims across coastal districts of Dakshina Kannada, Udupi and Uttara Kannada today observed Eid al Adha following the safety guidelines issued by the government amidst covid-19 pandemic. 

While coastal Karnataka is celebrating the festival of sacrifice today, it will be observed in other parts of Karnataka and country tomorrow. 

Congregational Eid prayers were held in many mosques while ensuring physical distancing norms. Only 50 devotees were allowed in mosques. Children below 10 years of age and elders above 60 years of age weren’t allowed. 

Eidgahs in the region wore a deserted look as the government has temporarily prohibited prayers in the open grounds. The Eidgah at Lighthouse Hill in Mangaluru, which usually witnessed huge crowd during Eid celebrations, was also closed this time. 

As expected, the celebration this time was a low key thanks to the restrictions placed in tune with the threat of coronavirus infection.

Prayers were held in Kudroli’s Nadupalli and Bundar’s Zeenat Bakhsh Central mosque. All those who entered mosque were wearing masks. 

In Udupi city, Eid prayers were held at Jamia Masjid and other mosques with limited number of devotees. In Bhatkal took some of the mosques hosted Eid prayers with all precautionary measures.

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coastaldigest.com news network
June 30,2020

Udupi, Jun 30: The novel coronavirus has claimed another life in the coastal district. The throat swabs of a 48-year-old man who breathed his last two days ago tested positive today. 

With this, the covid-19 death toll in the district rose to 3.

The man, who was a native of Kalthodu in Byndoor, had returned from Mumbai on June 2. He breathed his last on June 28 at his residence. 

The deceased’s swabs were collected on the same day. The report came today. He was reportedly suffering from some illnesses.

The funeral of the deceased was held as per protocol. The swab samples of primary contacts of the deceased were also taken.

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News Network
July 9,2020

Bengaluru, Jul 9: The total number of Covid-19 infections in Karnataka on Thursday breached the 30,000 mark as the state reported its biggest single-day spike of over 2,200 new cases and 17 related fatalities, taking the death toll to 486, the Health department said.

The day also saw a record 957 patients getting discharged after recovery, out of which 606 were from Bengaluru Urban.

Out of the 2,228 fresh cases reported on Thursday, a whopping 1,373 were from Bengaluru Urban alone.

The previous biggest single-day spike was recorded on July 8 with 2,062 cases.

As of July 9 evening, cumulatively 31,105 Covid-19 positive cases have been confirmed in the state, which includes 486 deaths and 12,833 discharges, the Health department said in its bulletin.

It said, out of 17,782 active cases, 17,325 patients are in isolation at designated hospitals and are stable, while 457 are in ICU.

"Death rate in Karnataka is 1.49 percent, while in Bengaluru is 1.28 percent, and our target is to bring it below 1 percent," Medical Education Minister K Sudhakar told reporters.

"The reason for spike in cases in Bengaluru and other places in recent days is because during the last four months of lockdown we had controlled it very well, but as we relaxed lockdown for economic activities we did not follow certain precautionary measures like distance among other things," he said.

The Minister also conceded that there were lapses on part of the government also in terms of tracing and tracking.

"It has to be improved especially in Bengaluru and we are taking steps in this regard."

Among the 17 dead seven were from Dharwad, two each from Hassan, Kalaburagi, Mysuru, and one each from Raichur, Uttara Kannada, Tumakuru and Davangere.

The deceased include 13 men and 4 women.

The dead are all either with a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI).

Out of 2,228 fresh cases today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 1,373, followed by Dakshina Kannada (167), Kalaburagi (85) and Dharwad (75).

Bengaluru urban district tops the list of positive cases, with a total of 13,882 infections, followed by Kalaburagi (1,901) and Dakshina Kannada 1,701.

Among discharges Bengaluru urban tops the list with total 2,834, followed by Kalabuagi (1,392) and Udupi (1,206).

A total of 7,79,209 samples were tested so far, out of which 20,028 were tested on Thursday alone.

So far 7,28,887 samples have been reported as negative, and of them 17,568 were reported negative today.

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