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
March 25,2020

Pune/Bengaluru, Mar 25: e-Zest Solutions and Neurosynaptic Communications today announced the ReMeDi SCAN-CORONA platform, an innovative technology solution to help control the Novel COVID-19 pandemic.
As countries worldwide grapple to contain the spread and flatten the curve while treating the ones infected, the need of the hour is to deploy widespread screening and testing procedures to identify and isolate those showing symptoms.
The ReMeDi® SCAN-CORONA platform has a three-pronged approach to controlling the pandemic that makes the task of screening, testing, tracking and reporting extremely easy and manageable at a large scale.
"Mass screening and testing is the need of the hour. With the scarcity of healthcare professionals, there is a need of technology enabled platforms to do this at a large scale with minimal to no human intervention. The ReMeDi SCAN-CORONA brings together remote healthcare expertise and the power of emerging technology such as AI & ML, and promises to reduce the load on the healthcare system, so that timely care reaches the right set of people as fast as possible," said Shree Shingane - Founder and Managing Director, e-Zest Solutions GmbH.
The solution features a Corona-Screen Kit - a portable, lightweight kit that includes basic screening tools that seamlessly connect and feed data into a Patient Health Record (PHR) system without any manual intervention.
It also features a geo-tagging powered Screening app that, by importing and analyzing data from the screening tools as well as travel and medical history. The input from a third-party COVID-19 rapid testing kit further enhances the accuracy of the outcome.
"ReMeDi SCAN-CORONA helps front-line health workers to quickly assess the essential risk factors for a person digitally. It has the unique ability to track the progression of symptoms with time. The tele-consultation facility allows individuals to obtain counselling as well as consult doctors independent of location, to access timely information and guidance. We are proud to present this solution in collaboration with e-Zest," said Sameer Sawarkar CEO - Neurosynaptic.
The beauty of this solution is that while it can bring a big relief for COVID-19 screening efforts, it is equally advantageous to heavily burdened Healthcare Providers in remotely treating the non-corona health requirements as well.
The team acknowledges the valuable contribution in terms of clinical inputs for application development, from Dr Nandakumar, a renowned public health expert.
"e-Zest vision is to leverage Healthcare technologies to impact human life positively. We are happy to be part of this collaboration & look forward to it's contribution to combat the pandemic challenge globally," said Devendra Deshmukh, e-Zest CEO.
This story is provided by BusinessWire India. ANI will not be responsible in any way for the content of this article.

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News Network
May 8,2020

Mangaluru, May 8: Migrant workers, stranded in Karnataka due to lockdown, staged a protest on Friday at the Central Railway Station here, demanding to be sent back to their respective native places.

The workers demanded the state government to take measures and send them back to their homes.

Maintaining social distancing and covering their faces with masks, the workers were holding placards which read -- "We want to go home Jharkhand, We want justice and we want to go home."

They appealed to the state government to arrange trains and buses to ferry them to their native places and threatened to walk home if denied transport.

Several protests have erupted in different parts of the country, such as Andhra Pradesh and Kerala, as stranded labourers took to the roads demanding to be sent back home.

The Ministry of Home Affairs on May 1 had issued an order to extend the ongoing lockdown by two more weeks from May 4 with some relaxations.

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News Network
July 10,2020

Bengaluru, Jul 10: The Karnataka cabinet gave its approval for "The Karnataka Contingency Fund (Amendment) Bill, 2020" to enhance the contingency fund limit to Rs 500 crore in the wake of the COVID-19 pandemic.

This will be an ordinance making one time enhancement in the limit as the government needs money to make payments immediately, Law and Parliamentary Affairs Minister JC Madhuswamy told reporters after a cabinet meeting.

Under the contingency fund, the government had room to spend up to Rs 80 crore without budget provision.

"...but this time due to COVID-19 as we had to give money to some sections that were in distress like barbers, flower and vegetable growers, taxi drivers, among others, we have decided to increase the limit to Rs 500 crore," Mr Madhuswamy said.

"As assembly was not in session and as we had to make payments to those in distress immediately, this decision has been taken," he added.

The cabinet today ratified the administrative approval given to carry out civil and electrical works to install medical gas pipeline with high flow oxygen system at district hospitals, taluk and community health centres coming under Health and Family welfare department in view of COVID-19.

The minister said about Rs 207 crore is being approved for this purpose.

It also ratified procurement of medical equipment and furniture for public healthcare institutions of the health and family welfare department worth Rs 81.99 crore.

According to the minister, the cabinet has decided to bring in an amendment to section 9 of the Lokayukta act, which mandates that the preliminary inquiry contemplated by Lokayukta or Upalokayuta should be completed in 90 days and charge sheeting should be completed within six months.

Noting that at the Agricultural Produce Market Committee (APMC) cess was being collected, he said as the government had brought in an amendment to the APMC act, there was demand to reduce the market cess. "So we have reduced it from 1.5 per cent to one per cent."

Approval has also been given by the cabinet to bring Karnataka Vidyuth Kharkane (KAVIKA) and Mysore Electrical Industries (MEI), which are presently under the control of Commerce and Industries department, under administrative control of the energy department.

Other decisions taken by the cabibinet include deployment and implementation of "e-procurement 2.0" project on PPP at a cost of Rs 184.37 crore and ratification of the action taken to issue orders on March 24 to release interest free loan of Rs 2,500 crore to ESCOMs for payment of outstanding power purchase dues to generating companies.

The cabinet also gave administrative approval for setting up of an Indian Institute of Information technology at Raichur.

"Under this, we are committed to provide Rs 44.8 crore in four years for infrastructure," the minister added.

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