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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coastaldigest.com news network
June 10,2020

Mangaluru, June 10: Former minister and Mangaluru MLA U T Khader has hit out at the Karnataka government for what he opined that it is misusing the Epidemic Diseases Act to target opposition parties. 

The statement comes in the backdrop of state government’s move to scuttle oath taking ceremony of KPCC president designate D K Shivakumar.

Asserting that the oath taking will be a grand affair, Mr Khader said that Congress will not be browbeaten by the tactics of the BJP.

Citing the blatant violation of all norms laid down under the Act by minister for health B R Sriramulu at Chitradurga earlier this month, Khader told reporters that the BJP is using the Act for its narrow political gains.

“KPCC has twice deferred swearing in ceremony of Shivakumar after being given the oral go ahead,” Khader claimed, adding the state government must explain to people the issue it has with the Congress organising this function.

Referring to the back-to-back virtual political rallies – one for Bihar and the other for Odisha – on Sunday and Monday that union home minister Amit Shah conducted, Khader wondered if the Act did not apply to the BJP leadership.

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Agencies
February 7,2020

Thiruvananthapuram, Feb 7: Making a scathing attack on the Central government, Kerala Finance Minister Thomas Issac on Friday said the BJP-led NDA government was "strangulating" the southern state by denying funds.

Presenting the 2020-21 budget of the Pinarayi Vijayan led-LDF government, he alleged the centre has been "helping" corporates rather that the common man.

"The Centre has been strangulating Kerala by denying funds for the state and has been moving on a self-destructive path by corporate-friendly policies and privatisation. The GST implementation has not been beneficial for the state," he said.

"The government proposes 2.5 lakh water connections in the upcoming financial year. We will also construct one lakh houses under Life Mission," the finance minister said.

The budget has allocated Rs 90 crore for Pravasi Welfare Fund and the government proposes power projects with a capacity of 500 MW.

"The government proposes Kochi development plan with a fund of Rs 6,000 crore. The city will get an unified travel card and Metro project will be extended," Issac said.

The state government has increased all welfare pension funds by Rs 100, allotted Rs 40 crore to paddy farmers and Rs 10 crore for startups in the state.

The local self-governments have been allotted Rs five crore for waste management, Rs 20 crore has been set apart for 1,000 food stalls under hunger-free Kerala, where meals will be made available at Rs 25. 

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News Network
April 23,2020

Mangaluru, Apr 23: An astronomical phenomenon, ‘Zero Shadow Day', will be observed in Mangaluru on April 24 and in Udupi on April 25. 

According to a press release from Poornaprajna Amateur Astronomers’ Club, the wonder will commence and people will see their shadows disappear for a few moments at 12:28 pm.

The phenomenon is called as Zero Shadow Day. If a person takes a candle in a dark room and use it to create a shadow of one’s palm on the wall, the hand will cast shadow on the wall as one moves the hand. But when one places the palm on the wall, there will be no shadow.

In the phenomenon, the sun at these times shines exactly above the heads on these days. In astronomy, this point is called as Zenith. The point in the sky directly above an observer at any given location. So it is quite clear now that on Zero Shadow Day, the sun passes through the Zenith as a result of which, all objects will have minimal or no shadow if they are on the ground.

The reason for this happens on some specific days is concerned with astronomy. The earth spins around on its own axis and causes days and nights. It also revolves around the sun causing a year. But the seasons are caused because the axis is tilted at an angle of 23.5 degrees. It is because of this tilt that the sun rises every day in the east gradually moving towards the north till June 21st and then slowly proceeding towards the south till December 21st every year. “We call these days solstice. This means the sun shines between the Tropic of Cancer and Tropic of Capricorn every day passing by the equator on the days we call equinox,” the release stated.

As the earth moves around the sun and revolves on its own axis, for all the people between Tropic of Cancer and Tropic of Capricorn, the Sun at noon moves father and closer to the zenith passing through zenith twice causing two Zero Shadow Days per year. People at Mangaluru will observe this on April 24 and August 18 every year and People in Udupi will observe this on April 25 and August 17 every year.

Places with same latitudes will observe the same days of Zero Shadow but the time would vary with longitude. For example, people of Bengaluru as they share the latitude with Mangaluru will also observe it on April 24. While the people of Mangaluru will observe their shadows disappear at 12.28pm, people of Bengaluru will observe this at 12:17pm. Places like Moodabidri, Bantwal, Sakleshpur and Hassan will also observe Zero Shadow on April 24.

Places like Brahmavar, Karkala, Sringeri, Kudremukha, Chikkamagaluru will observe the Zero Shadow Day on the same day as Udupi on April 25.

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