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 29,2020

Bengaluru, Apr 29: Indian women have always been the epitome of beauty, strength, and intelligence. Today, the success of Indian women across various walks of life has proven that they have earned this reputation.

One such dedicated social worker is Dr Sunitha Manjunath, the Founder of 'Sumanaa Foundation' of Sanjay Nagar in Bengaluru.

Sumanaa Foundation, based out of Sanjay Nagar in Bengaluru has been on the forefront to support people in distress due to COVID-19. 

The foundation under the leadership of its founder Dr Sunitha Manjunath procured a total of 20000 kgs of farm-fresh produce in four phases from farmers who are unable to sell it due to the COVID Lockdown and have distributed it across 6000 families across Bengaluru city.

"We have procured these vegetables after identifying farmers who are unable to sell their produce due to the challenges of lockdown.

This initiative not only supports the farmers by helping them get the right price for their produce, but also gives us an opportunity to get vegetables at a reasonable price by escaping all middlemen and commissions. We have identified 6000 poor families mainly around Bengaluru city who have not been able to earn their daily wages and given them coupons.

The foundation members identify genuine cases and give them coupons which can be redeemed in exchange of an essential vegetables kit," said Dr Sunitha Manjunath, the founder of Sumanaa Foundation.

These vegetables have been procured from Chikkaballapura, Doddaballapura, and surrounding villages and included vegetables like onions, tomatoes, capsicum, green chillies, beans, carrots, brinjal, potatoes, beetroots etc. These farmers got a fair price for their produce and were overjoyed to know that their harvest is being distributed free of cost to needy and deserving families.

Sumanaa Foundation has been actively supporting the city administration in fighting COVID-19 pandemic. In the recent weeks the foundation has distributed sanitisers and masks to BBMP Pourakarmikas.

The foundation also cooked food for over 400 people each day. This food was handed over to the city administration, which further distributed this to the police department and other staff working across government departments during these testing times.

Dr Sunitha, an engineer by qualification, had enjoyed a high-flying corporate career with BOSCH. She was offered a global role, which she turned down to setup her NGO, 'Sumanaa Foundation' and to serve the needy in and around her locality. Over the past seven years, the NGO with 70 members has done a wide range of activities to support the poor and needy in Bengaluru.

The core team of Sumanaa Foundation works under the leadership of its president Dr Sunitha Manjunath and includes young and energetic individuals like Manjunath K, Prakash K, Vidya Prakash, Sindu Gowda, Byregowda, Nishita Arjun, Arjun Varadaraj and Manoj Kumar
'Meal of Humanity' is a notable initiative of Dr Sunitha Manjunath and her team. Under this program, over 300 poor people are served mid-day meals every day. 

This is currently a self-sustained program with no external funding. Dr Sunitha Manjunath, her family members, and friends contribute their hard-earned money to bring smiles to hundreds of migrant workers and daily wage laborers.

'Wall of Humanity' is another unique concept implemented by Sumanaa Foundation. People can leave used or unnecessary daily use products like clothes, toys, groceries, etc at a designated area. This can be picked by anyone in need of these items. This self-helping model has touched the lives of hundreds of people in and around the area of Sanjay Nagar.

Regular blood donation camps, eye checkups, scholarship for students, tailoring machine distribution, environmental initiatives, Swacch Bharath programs, wall painting across the roadside are just a few among the hundreds of activities undertaken by Sumanaa Foundation regularly under the leadership of Dr Sunitha Manjunath and her team of friends.

"A life without an aim is worthless and so is a death without achievement. The aim of my life is to touch the lives of the hundreds of people who are not as privileged as you and me. I'd like to thank my husband Manjunath, my In-Laws and my friends from Sumanaa Foundation who work tirelessly alongside me across all our initiatives," said an elated Dr Sunitha Manjuanth on receiving the 'ET Power Icons' award for Excellence in Social Service and Public Initiatives.

Dr Sunitha Manjunath has also been awarded the prestigious 'Kempegowda Award' and many more such awards for her contribution to the society.

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News Network
May 10,2020

Bengaluru, May 10: Karnataka on Sunday reported 59 new cases of coronavirus, taking the total number of cases in the state to 848, informed state health department.
Out of the total number of cases, 422 people have been discharged and 31 have died due to the infection in the state.
The health department further informed that six COVID-19 patients are currently in the Intensive Care Unit.

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News Network
June 29,2020

Bengaluru, June 29: The Karnataka government on Monday issued guidelines to conduct online classes for all students of ICSE, CBSE and SSLC under the directions of the High Court.

According to the guidelines, for the kindergarten students, online classes can be held 30 minutes a week and students in classes 1-5 will have online classes for 30-45 minutes divided into two periods for three alternate days every week.

For students in classes 6-8, the online classes will be for 30-45 minutes divided into two periods for five days every week while students in classes 9 and 10 can have the virtual classes for 30-45 minutes divided into four periods for five days a week.

Earlier, the state government barred online classes for the kids from LKG to class 5.

Minister for primary and secondary education S Suresh Kumar had said that online classes cannot be held for the kids from LKG to class V.

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