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.

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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 15,2020

While it makes perfect sense for IT employees to work from remote locations via video conferencing and collaboration tools seamlessly - especially in the case of tech giants like Google or Microsoft -- workers from the non-IT companies and small and medium enterprises (SMBs) are the worst-hit in India as most of them have little or no clue about how these messaging and collaboration tools work amid the coronavirus pandemic.

Small companies -- from corporate to education verticals -- are scrambling to get their act together as new coronavirus threat has reached their premises, prompting them to send employees home who have age-old laptops, poor network and connectivity with no UPS backups and little knowledge about how to handle group chat and collaboration software like Zoom, Google Hangouts Meet, Microsoft Teams and Flock etc.

Instead of halting operations, however, businesses can choose to shift towards remote working methods with teaching non-IT staff on how to use the latest digital software to connect and work, say industry experts.

The training will take some time and may hamper productivity in the short run but is a win-win situation for the non-tech companies in the long run, in case any such global emergency arises in the future.

According to a latest report by Gartner, 54 per cent of HR leaders have cited that poor technology and/or infrastructure for remote working is the biggest barrier to effective remote working.

Sandy Shen, Senior Director Analyst, Gartner, says that with COVID-19 disrupting the business landscape, CIOs should relook at the digital fulfillment of market demand.

"The value of digital channels, products and operations is immediately obvious to companies everywhere right now. This is a wake-up call for organisations that have placed too much focus on daily operational needs at the expense of investing in digital business and long-term resilience," warned Shen.

Businesses that can shift technology capacity and investments to digital platforms will mitigate the impact of the outbreak and keep their companies running smoothly now, and over the long term.

"Videoconferencing, messaging, collaboration tools and document sharing are just a few examples of technologies that facilitate remote work. Additional bandwidth and network capacity may also be needed, given the increasing number of users and volume of communications," informed Shen.

The IT industry's apex body Nasscom has asked the government to relax norms for a month to allow work-from-home for technology and back-office employees as a measure to deal with the spread of Covid-19 in India.

Networking giant Cisco said that it has seen "significant growth" in the usage of its web conferencing and video-conferencing service Webex in India.

According to Muneer Ahmad, Business Head, ViewSonic India, due to COVID-19 pandemic, the corporate and educational sector is severely getting affected in the country.

"ViewSonic IFP has a cloud-based software which help teachers and corporates to connect through video conferencing to multiple people at the same time and can split the screen into six screens. It can also connect with various tools like Skype, Cisco WebEx, Zoom, Google Hangouts and GoToMeeting," Ahmad told IANS.

Co-working sector has also taken a hit and the industry is looking at several measures to tackle it -- from ensuring supply of juices rich in Vitamin C to supply of disinfectants and giving work from home facilities.

"The scheduled visits of the clients at our co-working offices have been postponed. Few of our clients have cancelled their outstation meetings and have now started audio/video conferencing for virtual meetings," said Nakul Mathur, MD, Avanta India.

According to reports, India has approximately 1,000 co-working locations (as of September 2019) and is the second-largest market for the co-working industry after China.

As India's first licensed B2B Virtual Network Operator, CloudConnect Communications offers a collaborative platform that allows companies to overcome the COVID-19 threat while maintaining seamless business continuity and optimum employee productivity.

"We offer a secure, robust, reliable, scalable and trackable mobile-first unified communication infrastructure that aids remote teleworking so that businesses can continue operating even under any unforeseen circumstances," said Gokul Tandon, Executive Chairman, CloudConnect Communications.

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News Network
May 8,2020

Mangaluru, May 8: Twenty-two students of Jawahar Navodaya Vidyalaya (JNV), Mudipu on the outskirts of Mangalur city, stranded in Uttara Pradesh due to lock-down reached the campus on Friday morning.

These Class 9 students (12 girls and 10 boys) had studied at JNV Amroha, Uttar Pradesh, as part of an exchange programme, 21 students of Amroha campus studied in Mudipu. 

While Amroha students could return after completing their studies, the Mudipu students were among many JNV students who were unable to return because of the lock-down.

JNV Mudipu Principal V Srinivasan said the 22 students, along with escorts, reached the campus at 7.15 a.m today.

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News Network
June 2,2020

Udupi, June 2: The number of positive cases may continue to be more in Udupi district since the results of more than 3,000 samples are pending with Labs.

The district total cases to 260. The figure had seemed far-fetched on May 15, when the number of cases stood at just three. The latest spike has been attributed to the return of migrants from other States as well as from abroad. These samples are from people who returned to the district in the last two weeks.

This delay is because the laboratories testing samples from Udupi are burdened with a high case-load after more than 8,500 people returned to the district, particularly from the neighbouring state of Maharashtra.

"Samples have piled up after the influx of people returning from other states and from abroad," says Dr Prashant Bhat, nodal officer for COVID-19 in Udupi. This delay has caused returnees in institutional quarantine to stay on for as long as 18 days.

The designated laboratory for coronavirus testing in Udupi is Wenlock District Hospital in Mangaluru. The district administration also sends samples to laboratories at the Kasturba Hospital in Manipal, Yenepoya Medical College, Mangaluru, KS Hegde Medical Academy, Mangaluru, and Viral Diagnostic Laboratory in Shivamogga. Apart from Udupi, the laboratory in Manipal is also testing samples from Uttara Kannada district. The laboratory in Shivamogga is also testing samples from Shivamogga and Bijapur districts. The laboratories in Mangaluru, similarly, have samples from Dakshina Kannada district.

Dr Avinash Shetty, Medical Superintendent of Kasturba Hospital in Manipal, one of the private laboratories being used by the Udupi district administration, said that they are testing samples in batches. "We received around 600 samples today and we will be testing them now. The backlog of samples should be cleared in the next few days," Dr Avinash said.

All 73 cases reported in Udupi on Monday were patients with travel history of returning from Maharashtra or patients with travel history of returning from abroad.

In cases of some patients who tested coronavirus positive in the past week, people were released from institutional quarantine after a stipulated period only to be tracked down again and admitted in hospitals after their results returned positive.

While two such cases emerged in Belapu and Belman in the district, the administration is now following up with others who were released from institutional quarantine to ensure they remain in home quarantine till their test results are confirmed.

The spike in cases among returning migrants in Udupi also comes at a time the Karnataka government reduced restrictions on interstate travel.

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