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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coastaldigest.com news network
July 23,2020

Mangaluru, Jul 23: Dakshina Kannada recorded seven more deaths related to covid-19 even as the district saw a spike of 218 new coronavirus positive cases in past 24 hours. With this the total number of covid related deaths in the district mounted to 99. 

Among the seven fatalities, the first one is a 36-year-old man hailing from Davanagere. He was admitted to a private hospital on July 16, and breathed his last yesterday.He was suffering from sepsis septic shock, acute liver injury, and acute kidney injury, acute chronic pancreatitis, ARDS, and spontaneous bacterial peritonitis. 

The second victim is a 69-year-old man from Bhatkal, who was admitted to a private hospital on July 7, and passed away July 22. He suffered from heart disease, cancer, renal failure and pulmonary thromboembolism. 

The third one is a 52-year-old man from Palakkad, Kerala. He was admitted to a Wenlock hospital on July 19, and passed away on July 22. He suffered from diabetes, ARDS and respiratory issues. 

The fourth one is an 83-year-old man from Mangaluru. He was admitted to a Wenlock hospital on June 13, and passed away on July 22. He suffered from blood pressure, heart disease and pneumonia. 

The fifth one is a 73-year-old man from Mangaluru, who was admitted to a private hospital on July 21, and passed away on July 22. He was suffering from diabetes mellitus, hypertension, old cerebrovascular accident, hyponatraemia and acute on chronic kidney disease. 

The sixth one a 58-year-old woman from Mangaluru. She was admitted to a private hospital on July 11 and passed away on July 22. She was suffering from type 2 diabetes mellitus and hypertension. 

The seventh is a 52-year-old male from Bantwal. He was admitted to private hospital on July 21 and passed away on July 22. He was suffering from heart disease.

As per the district health bulletin, a total of 31,068 samples have been tested so far. 26,854 have turned out negative, and 4,214 are positive till date. Out of these, 2,253 cases are currently active. 1,862 persons have recovered and been discharged. Among the deceased, 12 are from other districts.

As many as 118 patients were discharged on Thursday from Wenlock as well as private hospitals. Of the 218 who tested positive on Thursday, 36 are primary contacts, 110 have ILI symptoms, 16 have SARI symptoms, and contacts of 57 are being traced.

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News Network
February 1,2020

Bengaluru, Feb 1: The police have arrested two miscreants belonging to a saffron outfit after they threatened students in the city who were protesting the firing incident near Delhi’s Jamia Millia Islamia, telling them they would meet the same fate as the injured student.

Saffron extremist Gopal Sharma had opened fire at students protesting the Citizenship (Amendment) Act near the Delhi varsity on Thursday, injuring one.

The Bengaluru incident took place at Maurya Circle, where the nightlong demonstration against the Jamia firing and CAA began around 7.30pm. By 11pm, the number of protesters reduced to 30 but the group decided to stay back after getting the news of another alleged attack on women and Jamia students by Delhi police.

According to Adrian, a student who was at the scene, the small group of protesters stayed within a barricaded area on the road, chanting slogans, singing patriotic songs and playing music. “While we were raising anti-CAA slogans, two men from among us began shouting pro-CAA slogans. The duo was unknown and when we looked at them, they quietly moved away,” said Adrian, adding they were drunk and returned after a few minutes.

Saqib Idrees, another student protester, said the duo began to issue verbal threats. “They threatened us in Kannada that they would repeat the Jamia incident in Bengaluru,” said Saqib, adding the duo also taunted them saying ‘it’s not CAA down down, but you all will be brought down’.

When the students questioned the miscreants, cops stationed at the spot detained the duo. “Police were very cooperative. Almost 20 personnel were with us till 5am,” said Saqib.

Meanwhile, a friend of the duo watched the drama from a distance and approached the protesters to apologise on their behalf. “He said they belonged to the working class and FIRs would destroy their lives. He apologised to us and we decided to let the matter go. After all, we are Gandhians,” added Saqib.

Adrian said though the two men were drunk, their threats exposed their ideology. After the duo was detained, the students continued their protest till 5am and dispersed after singing the national anthem.

According to High Grounds police, the men are bank employees and were detained for disturbing the protesters at Maurya Junction. “They are from Andhra Pradesh and work in a PSU bank in the city. One of them is set to get married in February. He had thrown a party for his other friends for the same reason. The duo was drunk when confronted by the protesters. We booked a case of public nuisance and let them off after a warning,” police said.

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News Network
January 6,2020

Jan 6: A Thane resident lost a little over Rs 1 lakh in an online fraud involving popular payment gateways, police said on Saturday. The complainant, a resident of Patlipada, wanted to sell his furniture and posted an ad on Facebook on December 21, an official said.

On December 24, he received a call from one Rajendra Sharma who offered to buy the furniture and wanted to transfer the amount through payment gateways — Paytm and Google Pay, he said.

However, instead of the money getting credited to his account, the complainant found that Rs 1.01 lakh were debited from him during three transactions on two payment gateways, the official said.

The complainant realised that he had been cheated when the accused assured that he would return the money and asked him for another account number, he added.

An offense has been registered against the unidentified accused under section 420 (cheating) of the Indian Penal Code and Information Technology Act and further investigations are underway, he said.

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