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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coastaldigest.com web desk
May 10,2020

Mangaluru/ Bengaluru, May 10: Nearly 11,000 non-resident Kannadigas who are seeking repatriation from various countries across the world should be ready to shell out a huge amount for a two-week private quarantine in Karnataka before reaching their home.

The Kannadigas stranded in Gulf countries including UAE and Saudi Arabia have already expressed shock over the high airfare for repatriation during coronavirus lockdown. Another shocker is heavy quarantine fee once they reach their home state.

Officials in Mangaluru and Bengaluru have confirmed that administration has fixed charges for quarantine facilities starting from Rs 1,200 up to Rs 4,500, including food per day. 14 day quarantine will be mandatory for all healthy and asymptomatic international passengers. Hence, they should be ready to pay Rs 16,800  to Rs 63,000.

The other option is government quarantine centres: hostels run by social welfare, backward classes welfare and minority welfare departments but they are far from satisfactory. This is in stark contrast to the plush government quarantine facilities in Kerala.

In Mangaluru

The first repatriation flight to Mangaluru International Airport is expected to land on Tuesday, May 12 from Dubai.

The quarantine facilities include lodges, hostels and service apartments. Rates are fixed based on four categories: basic, economy, medium and premium. The basic facilities are mainly hostels of educational institutions, and the rest are budget and star hotels, said Rahul Shinde, probationary IAS officer, who is In-charge of the quarantine facilities for those being repatriated.

In Bengaluru

As many as 350 international passengers are set to arrive in Bengaluru at 3 am on Monday, May 11. So far, nobody has opted for government quarantine facilities, according to Lakshman Reddy, Joint Director, Social Welfare Department.

In Bengaluru, there are 55 hostels of the social welfare department, 51 of the backward classes welfare department and 12 of the minority welfare department. “We provide them with three square meals a day,” he added.

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News Nerwork
July 4,2020

Bengaluru, Jul 4: Karnataka on Saturday reported its biggest single day spike of 1,839 new COVID-19 cases and 42 related fatalities, taking the total number of infections in the state to 21,549 and the death count to 335, the Health department said.

The day also saw 439 patients getting discharged after recovery; even as 226 patients in the state were undergoing treatment in ICU.

Out of 1,839 fresh cases reported on Saturday, a whopping 1,172 cases were from Bengaluru Urban alone; while 24 of the 42 deaths were from the capital city.

The previous biggest single day spike was recorded on July 3 with 1,694 cases.

As of July 4 evening, cumulatively 21,549 COVID-19 positive cases have been confirmed in the state, which includes 335 deaths and 9,244 discharges, the Health department said in its bulletin.

It said, out of 11,966 active cases, 11,740 patients are in isolation at designated hospitals and are stable, while 226 are in ICU.

Among the 42 dead are six from Bidar, four from Dakshina Kannada, three each from Kalaburagi and Dharwad and one each from Hassan and Bengaluru rural.

Of the 42, twenty-six are men, the bulletin said, adding most of them were with a history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI).

Out of 1,839 cases tested positive 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 1,172 cases, followed by Dakshina Kannada (75), Ballari (73), Bidar (51), Dharwad (45), Raichur (41), Mysuru (38), thirty seven each from Kalaburagi and Vijayapura, thirty-five each from Mandya and Uttara Kannada.

Bengaluru Urban district tops the list of positive cases, with a total of 8,345 infections, followed by Kalaburagi 1,597 and Udupi 1,276.

Among discharges, Kalaburagi tops the list with 1,189 followed by Udupi (1,103) and Bengaluru Urban (965).

A total of 6,89,526 samples were tested so far, of which 17,592 were tested on Saturday alone.

So far 6,50,876 samples have been reported as negative, and of them 15,294 were reported negative today.

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coastaldigest.com news network
July 31,2020

Mangaluru, July 31: Extending Eid al-Adha greetings to the people, S M Rashid Haji, president of the Bearys chamber of commerce & industry has termed the festival as a symbol of sacrifice and patience. 

“Eid al-Adha commemorates the Prophet Ibraheem’s (a) test of faith and sacrifices. It symbolizes sacrifice and endurance,” he said.

“Every human being during his lifetime faces one or the other test from the Almighty… Now we are collectively facing the hardship... May this festival bring goodness and peace, and herald the end of pandemic,” he said.

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