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
June 2,2020

Davanagere, Jun 2: A special pooja was performed by Honnali BJP MLA and Karnataka Chief Minister BS Yediyurappa's political secretary MP Renukacharya at Hirekalmatha, in Honnali against COVID-19.

A Nava Graha pooja was also performed for the betterment of those infected. Those present at the pooja maintained social distancing norms and covered their faces with masks.

The total number of coronavirus cases in the country now stands at 1,90,535 including 93,322 active cases. While 91,819 people have either been cured, discharged or migrated, 5,394 deaths have been reported.

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February 3,2020

A motley group of as many as 150 birders ‘walked the chirp’ in search of their feathered friends in and around the countryside of Manipal. The occasion was the 10th Edition of Manipal Bird Day organised by Manipal Birders Group on Sunday, February 2nd, 2020.

The day began ‘Bird Walk’ from Hotel Sheela Sagar (Opposite MIT campus) at 6:30 a.m. The birders divided themselves in smaller groups of 10-12 members and followed 13 different trails which took them through different terrains like hills, plains, paddy fields and wetlands. The idea was to sight as many birds as possible and record their presence in the region.

When the walk ended at about 10:00 a.m., the different groups have recorded a total of 125 species of birds, which was a bit lesser than the sighting of the yester years. “The 10th edition this year has seen a very good growth of interest among people. At the same time a decline has been seen in the bird species sighted compared to previous years,” said one of the organisers. Some of the rare birds sighted were Indian Pitta, Oriental Turtle Dove, Fork-Tailed Drongo Cuckoo, Orange Breasted Green Pigeon, Eurasian Marsh Harrier and Malabar Pied Hornbill.

The bird walk was followed with an interaction session at KMC Food Court and MAHE Vice Chancellor Dr. H. Vinod Bhat presided over the function. He felicitated six people who actively participated recently in a rescue mission of abandoned birds in Manipal.

A program then continued with a talk on ‘Ethical Photography’ by Dhruvam Desai, final year student of MIT, Manipal. This was followed by ‘Backyard Birding’ with Shubha Bhat from IISc Bangalore. She spoke on different ways to feed the birds with water using different materials for bird baths. “I have recorded 120 species of birds from bird baths in my garden,” she said. She encouraged the participants to have bird baths in their gardens or flats which will help quench the thirst of these little winged wonders during summer.

The participants involved themselves actively in the interaction sessions. The event was accompanied with an art exhibition titled ‘Feathered Jewels’ by Aditya Bhat. He presented around 18 paintings all from his memory of birding encounters.

Participation in Manipal Bird Day was open to all and entry was free.

MANIPAL BIRD DAY

Manipal Bird Day is an annual event dedicated to celebrating birds in Manipal. This day long event brings together a large number of birders from Manipal, Udupi, Mangalore, Mysore, Bangalore, Davangere and other places. Around 150-200 people gather and are split into different teams. They visit the assigned regions and count as many birds as possible. This non competitive event focuses on spreading awareness regarding the diverse avifauna around us. Turn out for this event has been increasing from 3 people to 200 in last 10 years. This is the 10th edition of Manipal Bird Day.

MANIPAL BIRDERS CLUB

Manipal Birders Club started as a Facebook group after the release of the first edition of “A Birders Handbook to Manipal” to share information about the latest sightings. It is now a formal group of over 500 like-minded members that meets at least once a week to go on bird walks. It is now a large birders community and a medium to organize events, bird walks and discussions about birds and sightings.

The next step would be to involve a higher number of local and young birders who will dictate the change in environment around the town in the coming years. With the co operation of Zoology and natural sciences students and other nature enthusiasts and faculty of different colleges weekly birding sessions have been conducted to involve and encourage more and more people to bird and get connected to the nature and to try to understand the changes happening around us, the media release issued by the group said.

 

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News Network
February 24,2020

Bengaluru, Feb 24: Raising questions about the situation in Kashmir, senior Congress leader and former Karnataka chief minister Sidddaramaiah on Monday asked the BJP heading the union government to prove 'normalcy' by hosting US President Donald Trump's event in the valley.

If @BJP4India feels Kashmir has returned to Normalcy, & If @BJP4India feels that there is no govt orchestrated violence. Now is the time to prove the same by hosting @realDonaldTrump's event at Kashmir, Siddaramaiah tweeted.

Amid concerns raised by opposition parties, the government has said efforts have been made to restore normalcy in Jammu and Kashmir which faced months of restrictions after its special status under Article 370 was scrapped in August last year.

Siddaramaiah, who is Leader of Opposition in Karnataka Assembly, in another tweet hit out at Prime Minister Narendra Modi on the long wall built near the airport in Ahmedabad allegedly to block the view of a slum, ahead of Trump's visit.

It is time for @realDonaldTrump to get inspired from @narendramodi. Inspiration to build decorative walls to hide not so decorative life!! he tweeted. The opposition Congress in Gujarat had accused the BJP- ruled civic body in Ahmedabad of building the 500-meter long wall to block the view of a slum colony. Refuting the allegations, AMC officials had said the construction of the wall, around four feet in height, was approved much before Trump's Gujarat visit was finalised.

Trump, accompanied by First Lady Melania Trump and a high-level delegation, arrived in Ahmedabad around noon on Monday for a little less than a 36-hour-long trip.

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