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
April 6,2020

Hubli, April 6: A disinfection tunnel was installed at the entrance of the Agricultural Produce Market Committee (APMC) market here on Sunday.

The tunnel, installed with the help of Young India.org, sprays people with a small percentage of Sodium hypochlorite solution through nozzles in order to sanitise them before they enter the market.

"It is helpful for all the farmers, vegetable vendors and other people who are coming and going to the APMC market. This is very useful," said Jagdish Shettar, Minister of Large and Medium Scale Industries, Karnataka.

With regards to any plans of more devices being added in the near future, Shettar added: "Firstly, we will have to see what would be the public's reaction and then, later on, we will decide."

President of Confederation of Indian Industry, Hubli VSV Prasad said that the setting up of this tunnel can help curtail the spread of Coronavirus "by disinfecting the bacteria of the body".

While it was on the trial stage right now, Prasad hopes that the trial is successful and the chamber is set up in more public places. With regards to the cost of the tunnel, he said: "The cost is around Rs 1.5 Lac to Rs 2 Lac and hopefully it will come down once we go for production," he added.

Srinivas Joshi, a representative of Young India.org, speaking to news agency said: "We have added 1.8 percent of Sodium hypochlorite solution in 100 litres of water. It is pumped through high-pressure pumps and sprayed like a mist via nozzles for 3-5 seconds which is very less time to cause any kind of allergy."

"People who are allergic to chemicals should avoid going through this chamber. We are putting signboard very soon," he added.

The number of positive cases of coronavirus in the country continues to surge. As per the Ministry of Health and Family Welfare, the total number of confirmed COVID-19 cases is 3,577 with 83 deaths.

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News Network
February 9,2020

Bengaluru, Feb 9: Senior JD(S) leader and former prime minister H D Deve Gowda has called upon all the regional parties and secular parties to join hands with the Congress and work in tandem to take on the BJP.

Noting that mere speeches would not help, he said the regional and secular parties should enhance their strength politically in the country.

"We all need to join together with Congress and work in tandem with the available strength only then will we be able to stop them (the BJP)," the JD(S) supremo said at a public meeting organised by the party in Hassan district on Saturday.

Gowda cautioned the regional and secular parties against sitting idle watching the developments in the country.

"If the small and regional parties do not exercise the powers given by Dr B R Ambedkar to the country, they (BJP) are going to the extent of finishing them up," he said. Interestingly, the JD(S) patriarch, had in the run-up to the December bypolls to Karnataka assembly said he would not align with the Congress and dubbed it as "not trustworthy."

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coastaldigest.com news network
May 17,2020

Benglauru, May 17: A garment company manager jumped to death from his third-floor house on Saturday, four days after having killed his wife and wrapping her body in a blanket. 

Manish Kumar, 42, gave a relative and neighbours frightening moments before committing suicide at AECS Layout, Kudlu Gate, Southeast Bengaluru. The relative had come over after Kumar’s brother called him from Delhi, saying he had stopped responding to phone calls. 

The relative, who lives in Hongasandra, arrived at Kumar’s house around noon. He knocked on the door which was bolted from the inside but didn’t get a response. When he asked the neighbours, they said they didn’t have a clue. The relative and the neighbours decided to break the door open. 

But as they entered the house, they got the shock of their lives. Kumar was slitting his wrist with a blade. He then ran into the bathroom and locked himself in. They followed him and asked him to open the door. But he ignored them. They had to break open the bathroom door, too. By this time, Kumar had slashed his hands, chest and other parts of the body. Waving the blade at them, he asked them to stay away. 

Even the relative and the neighbours pleaded with him to drop the blade, he ran out and jumped off the building. He was taken to a hospital but it was too late. 

A bigger shock awaited them. They felt a foul smell emanating from the house. When they went in, they found the decomposed body of Kumar’s wife, Sandhya, 35, wrapped in a blanket. They called the cops. 

Police found a death note purportedly written by Kumar on May 12. “We suspect he killed her on that day,” said a police officer investigating the case. 

Police said the death note specifies what made Kumar kill his wife and commit suicide. Sandhya suspected him of having an affair since he regularly chatted up some bar dancers he had met in Gurgaon and Delhi. She accessed his phone and saw the calls and the WhatsApp messages he had sent them. The issue rocked their marital life and they often fought over it. He then decided to kill his wife and commit suicide, as per the death note. 

Police said Kumar appeared to have spent the last four days at home, with his wife’s body wrapped in the blanket. “We don’t know whether he tried to dispose of the body or didn’t want to see it,” the officer said. Police couldn’t determine how he killed her and are waiting for the post-mortem report. 

Joshi Srinath Mahadev, DCP (Southeast), said the couple hailed from Bihar. “We are waiting for Sandhya’s relatives to arrive in Bengaluru. A case of murder and suicide has been registered at the Parappana Agrahara police station.” Another officer said the couple had a love marriage.

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