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
January 6,2020

Bengaluru, Jan 6: Karnataka Chief Minister BS Yediyurappa on Sunday launched the ruling BJP's outreach campaign in favour of the Citizenship Amendment Act (CAA) in Bengaluru.

"The CAA came into being after its amendment bill was passed in Parliament during its winter session with the support of major political parties. It is meant to give shelter and protection to Hindu minorities facing persecution in Pakistan, Bangladesh and Afghanistan. It does not take away any rights of Indians," Yediyurappa told residents on a door-to-door campaign in the city.

Accusing the opposition Congress of misleading the people on the CAA and inciting its protesters to indulge in violence, the chief minister said the Act does not cause any problem to all sections of Indians.

"There is no question of taking away anyone's citizenship, including that of Muslims, as the Act only facilitates the return of the Hindus persecuted in the neighbouring countries in the sub-continent," he asserted.

State deputy chief minister H.C. Ashwath Narayana and party's Bengaluru Central Lok Sabha member P.C. Mohan accompanied the chief minister on his outreach programme in some residential and commercial areas of the city.

As part of the nationwide campaign in favour the CAA, the party's state unit president Nalin Kumar Kateel and the state's dozen cabinet ministers led the campaign in other cities across the southern state.

"An awareness campaign will be peacefully held daily till January 15 across the state to counter the protests against it by students and other people at the behest of the Congress and Left parties," Kateel told reporters at Mangaluru, 350km southwest of Bengaluru.

Kateel is a BJP Lok Sabha member from the state's Dakshina Kannada seat.

Besides contacting the people directly at their doorstep through the party's leaders, cadres and supporters, the BJP is reaching all sections of society through social media and by holding pro-CAA rallies in all the 30-district headquarters across the state over the next 10 days.

"About 300 leaders and cadres of the party have fanned out in cities and towns across the state to explain the provisions of the CAA to the people and clarify their doubts, as the protesters were misleading them with wrong information about it," reiterated Kateel.

The CAA came into being after the President enacted the a law to give citizenship rights to Hindus, Sikhs, Jains, Parsis and Christians who have been allegedly persecuted as minorities in Afghanistan, Bangladesh and Pakistan over the last seven decades.

"A deliberate misinformation campaign has been carried out against the CAA by vested interests, misguiding a section of college/university students, their faculty, activists and members of the minority community on its provisions so as to create unrest and trigger violence in the country," Ravikumar claimed.

The ruling party also held rallies and public meetings in major cities like Mysuru, Mangaluru, Hubballi, Belagavi, Bellary and Kalaburagi across the state and enlightened the people on the benefits of the CAA.

"As social media is all-pervasive with greater reach and better impact, we are also reaching about one crore people of all ages through Kannada, Hindi and English script, messages and audio/video clips in the state during the fortnight campaign," added Kateel.

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News Network
January 15,2020

Mangaluru, Jan 15: Thousands of people on Wednesday boarded boats from Ullal's Kotepura to join a massive protest against the amended Citizenship Act and National Register of Citizens (NRC) in Adyar here.

People travelling through boats and steamers decorated with national flags, raised slogans during their journey through the Netravathi River.

The innovative mode of transportation was used by the protestors to reach the venue, as it not only saved time but was also more convenient for the fishermen, as large number of people from this community joined the protest.

The protestors docked their boats at the shore, which was barely 500 metres from the site of protest, being held at Shah Ground in Adyar.

The distance between Kotepura to the Shah Ground is approximately 15 kilometres but protesters would have to walk more five kilometres to reach the venue because of heavy traffic.

Due to protest, the national highway was also blocked and resulted in huge traffic snarls on routes leading to agitation site. 

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News Network
June 18,2020

Bengaluru, Jun 18: As many as 210 new COVID-19 cases and 12 deaths have been reported in Karnataka, taking the total cases to 7,944 and death toll to 114, said State Health Department.

Today, 179 persons have been discharged across the State while 4,983 persons have been discharged so far.

The number of total active cases in Karnataka stands at 2,843.

The COVID-19 count in India has reached 3,66,946 on Thursday, according to the Union Health and Family Welfare Ministry (MoHFW).

The death toll due to COVID-19 has now reached 12,237. The COVID-19 count includes 1,60,384 active cases, while 1,94,325 patients have been cured and discharged or migrated so far.

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