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 .

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 13,2020

Bengaluru, Apr 13: Karnataka chief minister B S Yediyurappa on Monday said the COVID-19 situation has thrown the state into a deep financial trouble and there is a need to to find ways to overcome the present crisis, as he announced certain measures aimed at resource mobalisation.

He said the state government was awaiting guidelines from the Centre regarding the implementation of lockdown during the next two weeks, and noted that discussions were on regarding relaxations on the sale of liquor and the decision will be taken after April 14.

Yediyurappa on Monday held a meeting with officials of various departments along with his cabinet colleagues and the chief secretary.

"The possible situation once the lockdown is released, was widely discussed in the meeting. Discussion was also held about the financial situation of the state government and how to mobilise resources. Many suggestions were given and it was decided to implement those suggestions," the Chief Minister said.

Speaking to reporters after the meeting, he said, "...the COVID-19 situation has thrown our state into deep financial trouble and there is a need to to find ways to overcome present financial crisis."

Yediyurappa said it was decided to speed up the disposal of cases related to regularisation of unauthorised constructions which are pending before the High Court and Supreme Court, during the meeting.

"If the court decides the matter, thousands of people who own unauthorised houses will be relieved," he said, adding that this will also help government in mobilising resources for fund starved development works.

He said in addition to this the government is planning to auction more than 12,000 corner sites lying idle in Bengaluru, and it was also decided to allow auction of corner and vacant sites in respective urban development authorities across the state.

"By auction of corner sites in Bengaluru, we plan to mobalise about Rs 14,000-15,000 crore. BDA is preparing for it, only if we get good market value we will sell or else no," he added.

It was also decided to amend the law governing permission to allow sites in private and co-operative housing societies, the Chief Minister further said, adding that hundreds of societies were waiting for approval from government for releasing the sites.

Yediyurappa said it was decided to use Rs 1,000 crore available in Rajiv Gandhi Health University to upgrade medical college hospitals.

It was also decided to distribute free milk to slums and poor for one more week, the Chief Minister said while appealing to sugar factory owners to clear the pending payment to the tune of Rs 2,834 crore to farmers in 11 districts.

The government has also released Rs 45 crore compensation for the loss of paddy crop in Raichur and Koppal District due to hailstorm based on report submitted by Deputy Commissioners, he added.

Responding to a question, Yediyurappa said, still no guidelines have come from the Centre on lockdown implementation for next two weeks, we are waiting for it.

Once the guidelines come it will help us to speed up the process of lockdown, and also relaxations if any.

Asked what plans does the government have if states are asked to decide on relaxation, he said, already Prime Minister has said that guidelines will be given, if they say on certain matters states can take decision, we will decide on what needs to be done to improve the state's economy.

To a question on relaxation on sale of liquor through Mysore Sales International Ltd (MSIL) outlets, he said, discussions are on, after April 14, we will take decision in this regard.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 19,2020

Alappuzha, Dec 19: A Hindu couple, Anju and Sharath tied the knot at Cheruvally Muslim Jamaath Committee situated in Alappuzha district of South Kerala on Sunday.

The marriage took place as per Hindu rituals.

DH had earlier reported that the Jamaath Committee will conduct the marriage ceremony considering the request of the bride's mother, who hailed from a financially weak background.

Kerala Chief Minister Mr Pinarayi Vijayan shared the picture of the marriage on his social media post citing it as yet another instance of communal harmony in Kerala.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.