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 web desk
July 6,2020

Wayanad, Jul 6: DM Education and Research Foundation (DMERF), headed by Dr Azad Moopen, has come forward to handover DM WIMS Medical College, Nursing and Pharmacy Colleges and its associated institutions in Wayanad to the Kerala Government. 

According to Azad Moopen, Managing Trustee, DMERF, the Kerala Government has been deliberating to set up a medical college in the area over the last 7-8 years to address the challenges being faced by the local population due to lack of local availability of advanced healthcare facilities under the government sector. 

The handover by DMERF would address the Government's need. DM WIMS is one of the few NABH accredited medical colleges in the country, he said.

The DM WIMS Medical College and its associated institutions were established by the DMERF Trust 10 years ago to help the backward community of the district. 

Run in a charitable manner, the medical college has a capacity of 150 seats and has seen two batches of doctors graduate from the institution. With a total built up area of 14 lakh sq feet, it also has a 700-bed super-specialty hospital catering to the local community and helping in training healthcare professionals, a 100-bed specialty hospital, a pharmacy college, and a nursing college.

A new medical college by the government will require substantial investments and minimum of 5 years to become functional. “We think that DM WIMS can cater to the requirement of the government and setting up another medical college might not be required to cater to the existing population,” he said.

Moopen also announced a donation of Rs 250 crore out of the total investment in the institutions to the government to provide treatment to the needy population in the backward, landlocked district and to train good quality doctors from the State.

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News Network
February 27,2020

Bengaluru, Feb 27: Union Minister of State for External Affairs V Muraleedharan on Wednesday said the Union Government will take up the issue of establishing a US consulate in Bengaluru during bilateral talks with the US officials in the future.

Speaking at a seminar on Videsh Sampark here, Mr Muraleedharan said after Delhi and Mumbai, a large number of visa applications come from Bengaluru. “We will take up the issue of establishing a US consulate in Bengaluru during bilateral talks,” he said.

Earlier, the chief secretary of Karnataka TM Vijay Bhaskar urged the centre to consider the state government’s demand of setting up a US Consulate in Bengaluru. At the moment visa applicants have to travel to Chennai for the purpose.

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News Network
August 4,2020

Bengaluru, Aug 4: Police barricades, yellow banners, walls with a fresh coat of paint and the sounds of bhajan mark parts of Ayodhya as the city awaits its big day Wednesday, when the first brick will be laid for the Ram temple.

Ayodhya is decked up for the bhoomi pujan that will be attended at the Ram Janmabhoomi by 175 people, who figure in a select guest list of seers and politicians topped by Prime Minister Narendra Modi.

Concerned over the spread of coronavirus, the authorities are encouraging others not to come to the temple town, asking them to mark the occasion by celebrating at their homes. The groundbreaking ceremony will be telecast live.

Roads leading to Ayodhya display hoardings with the picture of the proposed Ram temple and of Ram Lalla, the infant Ram, the deity now housed in a makeshift temple.

Around the town’s Hanumangarhi area – named after a well-known temple which Modi will visit on Wednesday – both police sirens and ‘bhajans’ in praise of Ram are heard.

Most of the shops in the locality wear a new look, with their fronts painted in bright yellow. A large number of policemen were deployed there on Tuesday. Some sat in the sweet shops, waiting for their next instructions.

Roads leading into the area are barricaded. Yards of yellow cloth and marigold garlands were being hung on poles.

Even on the day before the event, security checks on vehicles heading to Ayodhya begin from adjoining Barabanki district itself on the Lucknow-Ayodhya road. Policemen take down details, including mobile numbers of the travellers.

Senior Superintendent of Police Deepak Kumar said the focus of the force is on maintaining the Covid-19 protocol.

“So we are not going to allow any outsider to enter Ayodhya city,” he said. Prohibitory orders are also in force and not more than four people will be allowed to gather.

“The markets and shops will remain open but with strict adherence to the Covid protocol,” he said. Outsiders will be stopped from entering the city, but Ayodhya residents will be allowed in if they produce any identification document.

“We are also carrying out random checks on people living in Ayodhya to ensure that no outsiders are staying here,” he said.

The city’s temples and mosques will remain open, but no other religious event – except for the bhoomi pujan – will take place on Wednesday.

Pickets have been set up at sensitive points in the city.

Sub-inspector Ram Chandra Yadav and constables Avnish Kumar and Ankit Chaudhary man the Terhi Bazar Chauraha picket near the Ram Janmabhoomi site.

"We are here for the past some days, and were on duty on the Rakshabandhan day. Duty comes first and only after that come other things in life, like festivals," Yadav said.

Mayank Gupta, who runs a restaurant, was handing out food packets to policemen, his customers.

"For the last two months, I have been providing tiffin to them twice a day. There are around 100 policemen to whom I supply tiffin," Gupta said.

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