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
April 13,2020

Lucknow, Apr 13: Muslims in Uttar Pradesh are now worried that the intense communal profiling of the Corona patients by the official agencies could lead to lynching incidents once the lockdown is lifted.

Muslim scholar and former SP spokesman, Abdul Hafiz Gandhi, on Monday said, "The manner in which the government agencies are identifying persons belonging to Tablighi Jamaat in the list of Covid-19 patients is now translating into intense communal profiling which has been prohibited by the World Health Organization and the central government. A very small percentage of Muslims subscribe to the Tablighi Jamaat ideology but the impression going around is that the Muslim community, in general, is spreading coronavirus."

He said that there was a strong possibility of Muslims, in general, being attacked after the lockdown is lifted.

"This is exactly what happened on the cow slaughter issue. Even a small rumour led to people being lynched by mobs across the country. Corona is a pandemic and should be treated like one. We should fight against the virus together instead of creating a communal divide. Every day, the government spokesman lays down the number of Corona positive cases and then goes on to say how many of them are from Tablighi Jamaat," he explained.

Amir Haider, a social activist and also a veteran Congress leader, echoed similar sentiments when he said, "We strongly condemn the Tablighi Jamaat for ignoring the protocols and holding the congregation but why is the state government repeatedly harping on the religious angle. Shia and Sunni clerics are repeatedly asking the people to adhere to government guidelines and follow safety protocols.

He said that efforts to create a communal divide on the corona issue could have dangerous ramification after the lockdown is lifted."

A retired IAS officer, who did not wish to be named, said, that people have already started objecting to taking home deliveries from Muslim employees.

"My neighbours refused to take delivery of groceries from a Muslim boy. This is just the beginning of the narrative that is being drilled into the minds. We must check this before it explodes into something very dangerous," he said.

Comments

Wellwisher
 - 
Tuesday, 14 Apr 2020

What ever yogi want to do let him and keep faith on the creator and live fear lessly. Almighty is watching you and your faith.His decision  is vast  and he will protect his believer's always.

 

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News Network
July 18,2020

Bengaluru, Jul 18: Bringing a major change in the  administration of Bengaluru, which has emerged as a Covid-19 hotspot, the state government on Saturday transferred B H Anil Kumar out of the BBMP and brought N Manjunath Prasad to take his place. 

Manjunath Prasad, who headed the Bruhat Bengaluru Mahanagara Palike (BBMP) before being replaced by Kumar, will take over with immediate effect. The government has also placed him in concurrent charge of the Revenue Department as well as the Disaster Management, Bhoomi and UPOR.

Kumar, an Additional Chief Secretary, has been put in a place where earlier a secretary was posted. He now heads the Department of Public Enterprises. The posting would have brought him two spots down had it not been for the government upgrading it to the level of additional chief secretary. 

Anil Kumar, who was earlier praised for his work to contain the coronavirus pandemic, had faced criticism by the High Court of Karnataka for the BBMP's failure to help people in containment zones as well as other issues on the spread of the pandemic. 

Sources in the government said, pressure has been building up against Anil Kumar over the last two months after most of the Bengaluru MLAs complained to the chief minister's office.

"No MLA backed him. Everyone had a problem," a source said. 

Things came to the head with regard to a Rs 436 crore project given to KRIDL. "The issue reached the chief minister's office as all the MLAs took an issue with the way the project was awarded," a source said. 

Another source said that Kumar came under fire after a central team flagged the issue of failing Covid-19 surveillance measures in Bengaluru. The central team's criticism, it is widely believed in the government, came as the last straw. 

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News Network
July 17,2020

Bengaluru, Jul 17: Bruhat Bengaluru Mahanagara Palike (BBMP) Mayor, M Goutham Kumar on Friday called for an extension of lockdown in the city for one more week due to rise in the COVID-19 cases.

"It will be better if we get more time to tackle COVID-19 cases, we wish for the extension of lockdown for one more week. We have given the proposal to the government," said M Goutham Kumar, BBMP Mayor.

"After the number of cases increased in Bengaluru, BBMP started antigen test in containment and hotspot zones of Bengaluru to tackle the cases which have crossed 2,000 mark," he added.

Along with Mayor, BBMP Commissioner Anil Kumar has also proposed the state government to extend lockdown in Bengaluru for one more week.

"The number of cases in Bengaluru increasing in Bengaluru rapidly. BBMP has inaugurated more than 200 vehicles in Bengaluru for the use of the antigen test," said Anil Kumar, Commissioner BBMP.

According to the Union Health Ministry, there are 51,422 COVID-19 cases in the state.

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