10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

Kasaragod, Mar 31: Two more Kasaragod natives lost their lives on Monday due to blockade of the interstate border by Karnataka police in the wake of outbreak of novel coronavirus.

They could not get emergency health care as the Karnataka police stopped the ambulance carrying them to a hospital in Mangaluru at the border.

Another critically-ill person, who was sent back by Manguluru hospital authorities on March 23 for being a Kasaragod native, also died on Monday.

This is the fifth such case in many days.

The deceased are Madhavan, 50, Ayesha, 55 and Aziz Haji, 61 respectively.

All three of them lived near the Karnataka border.

Madhavan, who hailed from Thummanattu in Manjeswaram, died enroute to Kanhangad hospital after being denied entry to cross over to Karnataka. He had an acute bronchial attack.

Udyavar native Ayesha, an asthma patient, was referred to the Mangaluru Hospital by the hospital authorities at Uppali. When the authorities stopped her at the border, she was taken to the Kanhangad hospital. However, she died before reaching the hospital.

Aziz Haji, from Nayabazar Cherugoli MA Cottage at Uppala, was allegedly refused entry into a Manguluru Hospital on March 23 on account of being a Kasaragod native. Haji was a dialysis patient at the hospital. “We were unable to contact his doctor at the time,” his relatives said. Haji, who was on the ventilator, lost his life Monday morning.

One more from Kerala dies as Karnataka police stop ambulance at border
Kunjathoor native Abdul Hameed and Bandwal native Fathima also lost their lives due to the closing of the interstate border.

The district authorities has appealed to the Government to intervene in the matter and influence Karnataka as to lift a ban in crossing over for ambulances carrying critical patients.

The people of Kasaragod are largely dependent on the medical facilities in Mangaluru for critical illness care.

The Kasaragod MP, Rajmohan Unnithan has said he would move the Supreme court against this.

Kerala Chief Minister Pinarayi Vijayan has already taken up the issue with the Centre.

Kerala HC takes up issue with Karnataka AAG

The Kerala High Court on Monday sought the views of the Advocate General of Karnataka on the issue of the government of the neighbouring state blocking its borders with Kerala.

Considering a Public Interest Litigation (PIL) filed by Kerala High Court Advocates Association, seeking a direction for opening the roads, a bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chali requested the Advocate General of Karnataka to join the hearing at 11 am on Tuesday through video conferencing.

The Court orally observed that the blockades erecting embankments on the inter-state roads would affect the people's right to life.

The Karnataka government blocked the state highway with to prevent movement of vehicles carrying essential goods and people seeking emergency treatment at hospitals in the city of Mangalore bordering Kasaragod.

With 97 infected patients, Kasaragod has the largest number of COVID-19 cases in Kerala. 7,437 people are under observation in the district.

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.

Mysuru, Mar 7: Karnataka Minister for Medical Education K Sudhakar on Saturday said that State Government may consider suspending the touch-based Biometric time and Attendance system for its employees in view of the COVID-19 threat.

Speaking to media persons while inspecting the medical infrastructure at KR Hospital here on Saturday, he said that many IT companies have already suspended the Biometric Attendance system in a bid to prevent the spread of the virus. Given the threat perception, the government was also contemplating the same and would consider it. However, he did not specify the date.

With regard to the preparedness to handle the threat, the Minister said the government was extremely cautious since last 20 days and had taken all precautionary measures. “All international passengers at the airport are being screened and so far nearly 1 lakh passengers have been screened and anyone with symptoms will be quarantined for 28 days.’’