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 31,2020

Bengaluru, July 31: Denying irregularities in covid-19 equipment purchase by the Karnataka government, the state unit of the BJP has issued legal notices to Congress leaders Siddaramaiah and D K Shivakumar demanding that they apologize or face a defamation suit. 

The notices seek a public apology for the allegations levelled against the government on irregularities in the procurement of Covid-19 equipment and supplies. 

Both Siddaramaiah and Shivakumar, the Karnataka Congress president, have been doggedly pursuing allegations of corruption against the BJP government and have demanded a judicial inquiry. 

BJP general secretary N Ravi Kumar said that while the Congress leaders claimed that Rs 4,157 crore was spent during Covid-19, they also allege that the government has not responded to any of the 20 letters written by them. "If the government has not provided any answer to the Opposition, where did they get the figures from," he said.

None of the allegations of corruption is specific and the statements made are factually incorrect. "These statements, without any basis, have been issued calculatedly to lower the image and damage the reputation of the government, the Bharatiya Janata Party, representatives of the party and the ministers in the government," the notice issued on behalf of Ravi Kumar read.

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News Network
February 14,2020

Bengaluru, Feb 14: After the swearing-in of ten former JDS and Congress MLAs, political boundaries seem to have become more fluid, with little clarity on who is on whose side. When Honnali BJP MLA Renukacharya visited senior Congressman DK Shivakumar at the latter’s residence, many eyebrows were raised over the reason behind the meeting. There was speculation over why Renukacharya would be meeting a man who is, in all likelihood, slated to be the next KPCC president.

Renukacharya reacted to the rumours by making the meet sound purely professional. He said, “We have a three-day Krushi Sammlan in Honnali, and I went to invite him (DKS) for it.’’   Shivakumar also remained tight-lipped over the real reason behind the meeting, and corroborated Renukacharya’s story. However, insiders claim that the two discussed other issues too. It may be recalled that Renukacharya had openly rebelled against Yediyurappa in 2009.

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News Network
August 4,2020

Bengaluru, Aug 4: With preparations underway for conducting exams for the final semester/ year students in the state, Karnataka Deputy Chief Minister Dr CN Ashwathnarayan on Monday directed the respective universities to conduct exams for the backlog papers as well.

"In the wake of COVID-19, it has been decided to hold exams only for the students of final semester/year courses. It has come to our notice that some universities have decided against conducting exams for final year students who have a backlog to clear from previous semesters. This is unpardonable," the Deputy Chief Minister said.

"Our intention is to see that the final year students finish their course. In the present situation, conducting only final semester exams won't help. We have to help the students in clearing their backlogs," added Ashwathnarayan, directing all universities to compulsorily conduct these exams.

Meanwhile, Ashwathnarayan thanked the staff and officials of various government departments who were responsible for successfully conducting the CET exams even amidst the difficult situation in the wake of COVID-19 pandemic.

"In all, 1,94,419 students had registered for the CET exams, of which 1,75,428 wrote the exams. The percentage of students who took up the exams this year was equivalent to that of the previous years, in normal times," the DCM informed.

"After we successfully conducted the exams, Arunachal Pradesh is going to conduct the Public Service Commission exams on the lines of how we successfully conducted the exams. Likewise, even our KPSC has said it will conduct the exams. We must appreciate the good work of the Karnataka Examination Authority (KEA), which has set an example for others," Ashwathnarayan said.

The deputy chief minister said that 33 colleges in various districts across the state faced shortage of land and that it is the responsibility of the District Commissioners (DCs) to get the lands sanctioned for all these colleges.
In Bagalkot district alone land has not been sanctioned for six degree colleges, he said.

Reacting to this, Bagalkot DC Captain Rajendra assured to look into the matter as soon as he receives the proposal from department officials.

"Similarly, there is shortage of land for five Diploma colleges and 28 ITI colleges in different parts of the state. The DCs must immediately pay attention to this. Once they get the land, buildings will come up within no time," the Karnataka deputy chief minister said.

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