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
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
April 13,2020

Shivamogga, Apr 13: Banana farmers in Shivamogga say their crop is rotting and they are incurring huge losses amid lockdown due to COVID-19.

The farmers alleged that although permission has been granted for the sale of agricultural products, with inter-district movements being affected, the local buyers are forcing the farmers to sell their produce at ridiculously low prices.

"Local buyers are asking us to sell bananas at Rs 4-5 per kg which is impossible for us. I do not know what we can do," Vijayendra, a farmer told ANI here.

"We expected the markets to be good during the summer season, I have cultivated bananas in four acres of land. There are thousands of other farmers who cultivate it in smaller hoardings," he added.

The farmer further implored the government to ensure there is an open market and inter-district movement of agricultural produce is allowed to ensure the farmers get the right price.

Vijayendra also said that the bananas have started rotting as they were not being harvested due to the lockdown.

Prime Minister Narendra Modi had last month announced a 21-day lockdown in the entire country effective from March 24 midnight to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.

There is also the likelihood that the nationwide lockdown might further be extended even after the completion of the 21-day period on April 14, based on the statements from several chief ministers following a video conference with the Prime Minister held a few days earlier.

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Sushma Bangera
June 4,2020

Kuwait: The Covid-19 pandemic has pushed the whole world into a difficult situation and the situation of Indians in Kuwait is not any different. Many people have lost their jobs, have no salary, are deprived of food and are not able to pay rent. The appalling conditions of labourers, domestic workers, taxi drivers and low waged earners don’t seem to end in Kuwait. 

At this trying situation when many people were even afraid of leaving their houses because of coronavirus, Suresh S. Rao Neramballi, volunteer of the Food Kit Distribution at the ICSG (Indian Community Support Group) has helped many tremendously. He was ready to go around delivering food kits at any time possible by his car. However, after Kuwait imposed a full curfew from 11th May 2020, no one could take out their vehicles unless they had a curfew pass. 

This did not stop Mr. Suresh Neramballi, who then borrowed a bicycle from a friend and ended up going around in the cycle delivering the food kits in curfew break time (4:30pm to 6:30pm) to all those who registered in the ICSG website. This selfless service surely commands appreciation and applause. Mr. Suresh Neramballi has been a light for many families and bachelors in Kuwait and will surely garner the blessings of them who have been able to eat at this time.

He was also the one who could deliver the food kits to many Indian Muslim maids, bachelors, laborers and families previous day and right on the day of EID, as they were not able to go shopping for their groceries for EID, due to the curfew. They blessed him in EID dua. 

Mr. Suresh Neramballi hails from Mangaluru, India and is an Engineer in the Oil sector company in Kuwait. He has been dedicated to social service, achieved 'Aryabhata International Award' for his Kannada Service and Social service, served in many Associations and Distributor of Kannada and Tulu Movies in Kuwait. He wholeheartedly thanks the people and government of Kuwait for his bread and butter.

Comments

Tanveer
 - 
Friday, 5 Jun 2020

May Almighty Allah shower His mescifull blessing on you and your family... Your selfless service will always be remembered,,,

M SHARIEF SULTAN
 - 
Thursday, 4 Jun 2020

God bless you and your family

abdullah
 - 
Thursday, 4 Jun 2020

God bless you brother and keep you healthy plus happy always.   You will be in the prayers of those who receivec your timely regardles they are hindu or muslim or christian.   This is a slap on the face of hate mongers who are always trying to divide the socieity in the name of religion.    Such people are burden to this world and society.   We should clean our society from such dirt and bad people.   Well done brother.  May God bless you.

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