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
July 17,2020

Bengaluru, Jul 17: The Karnataka State Board of AUQAF has ordered that management committees at Muslim Khabarastans, shall not refuse burial to Muslims died due to COVID-19.

"...in exercise the powers conferred under Waqf Act 1995, it is hereby ordered that management Committees/Muthawallies/Administrators responsible for the management of Muslim Khabarastans in the state of Karnataka irrespective of registered or unregistered in the Waqf, shall not refuse the burial of Muslims died due to COVID-19 pandemic," read an order from the Karnataka State Board of AUQAF on Thursday.

"They shall co-operate with all the Nodal Officers designated for this purpose regarding the decent burial. Non co-operation or refusal on the part of the management will be construed as an insult committed to the deceased. Any violation of the above order will attract the punitive provision of Indian Penal Code and removal from the management as per the provisions of the Waqf Act 1995," the order read.

It further said that the Waqf Officers, District Wakf Advisory Committees of the state, shall ensure the adherence of this order, and circulate the same to all the Khabarastan managements, registered or unregistered in the state.

"No further deliberation in this regard is solicited except compliance of the order in letter and spirit. Any dereliction in this regard will be viewed seriously," it read.

Giving a background on the issue of burial of COVID-19 deceased, the order read, "It is observed that, number of deaths are being occurred in various Districts of Karnataka, due to COVID-19 pandemic and it is reported that, some of the management committees of Khabarastan, are not cooperating to bury the dead bodies of COVID-19."

"A decent burial is a right of the dead person" as per the law of the land and the Islamic jurisprudence. It is needless to emphasize the importance of burial of Muslim dead bodies in Shariah. The dead body of a Muslim is treated with the utmost respect by the Ummah, joining in the funeral (Tadfeen), participating in the Namaz-e-Janaza and the burial are considered as Farz-e-Kifaya in Muslim law. According to the tradition of Islam, the person who participates in the funeral is entitled to Mountain sized reward (Sawaab)," the order read.

As per the order, the board, in its earlier circular had also cautioned the management of Waqf institutions and Khabarastan which were reluctant to allow the decent burial in the Khabarastan would be punished under the provisions of Indian Penal Code and the punitive provisions of the Waqf Act 1995 as well.

"The District Magistrates and the Superintendent of Police in the districts have been requested to prosecute the erring management committees who are responsible for non co-operation in this regard. Hence, the following order," it added.

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News Network
January 5,2020

Bengaluru, Jan 5: A day after senior Congress leaders in Karnataka met to build consensus for the way ahead, the race for the post of KPCC President hotted up on Sunday with aspirants and their supporters stepping up efforts to secure the coveted posts.

Senior leader D K Shivakumar, seen as a frontrunner for the post, met former Chief Minister Siddaramaiah at his residence amid reports that he was lobbying in favour of one of his confidants.

Meanwhile, another senior party legislator Satish Jarkiholi made it clear he was capable of discharging the responsibility if the high command asked him to do so.

Also, loyalists of senior leader and former Minister Ramalinga Reddy came up with social media posts, pushing forward his name for KPCC President.

Congress Legislature Party leader Siddaramaiah and state Congress chief Dinesh Gundu Rao quit their posts after the party fared poorly, winning only two of the 15 seats in the bypolls while it had held 12 of them.

According to party sources, though Siddaramaiah is likely to retain the position of Leader of Opposition, the CLP leader post may be given to some one else.

The sources also said replacement of KPCC President was most likely as Dinesh Gundu Rao's resignation could be accepted.

Shivakumar is seen as the frontrunner for the KPCC President post and has already held discussions with high command in this regard.

His meeting with Siddaramaiah, who is expected to travel to Delhi soon to hold discussions with the high command, assumes significance amid reports that the former chief minister was favouring one of his confidants for the post.

Shivakumar during the meeting sought Siddaramaiah's cooperation for his appointment to the coveted post, with a promise to work under his leadership, sources said.

However, speaking to reporters after the meeting, Shivakumar said he had worked under Siddaramaiah as legislator and Minister, and there was nothing special about the nearly two-hour-long meeting.

"...Im not a competitor for any post, I won't ask for any post, that time is over. I'm a karyakarta of the party and will work as karyakarta," he said in response to a question, adding he will abide by the party's decision.

On the other hand, Congressleader andYamakanamaradi MLASatish Jarkiholi said he was ready to take up the responsibility if the party high command decides so.

"It has been decided to cooperate and work under the leadership of anyone, whom the party high command decides (as President). Let's see, it is for the high command to decide (who will be KPCC President)," he said.

In response to a question from reporters in Belagavi if he was aspiring for the post, Jarikholi said, "I havent asked, but if given I will manage it efficiently..."

Meanwhile, loyalist of seven-time Congress MLA Ramalinga Reddy, came up with a social media post, demanding KPCC President post for the leader.

"Seven-time @INCKarnataka MLA and former Home Minister Sri @RLR_BTM for #KPCC President. #Congress #Karnataka #RamalingaReddy #BTMLayout #BBMP #Bengaluru," former Mayor of Bengaluru City and a close confidant of Reddy, B N Manjunatha Reddy tweeted.

Last year during the political turmoil faced by the coalition government, Ramalinga Reddy had threatened to resign, unhappy at being sidelined in the party.

He had later decided to stay with the Congress after the high command intervened.

With a virtual vacuum in the state Congress following the resignation of its top leadership after the rout in the recent Assembly bypolls, senior party leaders had met here on Saturday with an aim to build a consensus for the way ahead.

According to sources, the meeting was convened after instructions from the high command to iron out differences and build consensus on taking the party forward and regarding appointments to key posts, before coming to Delhi for discussions.

Senior leader K H Muniyappa and KPCC Working President Eshwar Khandreare seen as the other aspirants for the President post.

Ssenior leaders G Parameshwara along with H K Patil are among those seen as the frontrunners for the CLP leader post vacated by Siddaramaiah.

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News Network
March 26,2020

Bengaluru,  Mar 26: The nationwide lockdown in the view of coronavirus outbreak has driven some people to the edge. In Karnataka, within less than 24 hours, two cases of people creating trouble for police personnel have come to light.

On Wednesday, a middle-aged man was shot in his leg by the police after he tried to assault two police constables of Sanjaynagar police station. The police constables were identified as Manjunatha and Basavararaju.
The accused reportedly breached the check post at Bhoopasandra. He and his friends were over-speeding and performing stunts on bikes. When the policemen tried to secure them after giving them a chase, they attacked the cops.

When they were taken into custody, one of them again tried to escape and hurled stones and bricks on the cops. In order to prevent further assault, the police then fired two rounds – one in the air and the second one on his left leg.

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