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
June 1,2020

Coimbatore, June 1: A communal conspiracy has been aborted by the police by arrested a miscreant who had placed meat in front of Venugopala Krishnaswamy Temple and Sri Ragavendra Temple in Coimbatore, Tamil Nadu.

The miscreant has been identified as S Hari Ramprakash, 48, of Kavundampalayam in Coimbatore. He is a civil engineering graduate. It is suspected that He is a Sangh Parivar activist and the intention behind his act was to put the blame on Muslims.

Even though officials claimed that Hari appeared to be mentally disturbed, there were no medical records that stated he was mentally disturbed.

Two separate cases were registered against Hari. He was booked under sections 153 A (promoting enmity between different groups) 295 A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 298 (uttering words etc, with deliberate intent to wound religious feelings) of the Indian Penal Code.

City police commissioner Sumit Sharan said, “We collected CCTV footage and found a man, who had parked his motorcycle near the two temples and returned from the temples. Based on the registration number, we traced and arrested Hari.”

Commissioner added that the city has CCTV cameras in many places and it helped police officials crack the case faster. The police said he purchased one kg of pork meat from a shop at Kavundamapalaym last Friday morning and placed it in front of the temples on the same day.

Comments

zaki ahmed
 - 
Monday, 1 Jun 2020

Now why is this story not highlighted in national media so that the whole nation knows about the intent of the BJp , the sangh parivar & the rss & also those communal outfits who support atrocities against minorities 

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News Network
April 8,2020

Davanagere, Apr 8: BJP MLA from Honnali constituency, MP Renukacharya, said that the government should not ignore those who attended Tablighi Jamaat event in Delhi and are escaping detection, and it is not wrong if the person is shot.

"Anyone who attended Tablighi meet, is not coming out for medical checkups and is escaping detection. The government should not ignore them. Even if he is shot, it is not wrong. Otherwise, the virus will spread throughout the entire country. In China it started with one person," Renukacharya said on Tuesday.

"We are suffering because someone is not coming for check-up. I request them to come voluntarily to the doctors and District Magistrates. Not all minorities are terrorists and not all of them are anti-nationals," he added.

A petition has been filed in the Supreme Court seeking direction for the government to impose a complete ban on all activities of the Tablighi Jamaat with immediate effect.

Over 1,000 coronavirus cases in India are linked to Tablighi Jamaat gathering. Hundreds of people who are related to Tablighi Jamaat have been quarantined.

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News Network
March 13,2020

Bengaluru, Mar 13: India has registered the first confirmed case of death due to novel coronavirus. A 76-year-old man from Karnataka's Kalaburgi who passed away recently has been tested positive for Covid-19.

The doctors had suspected that the man had coronavirus, however, the test had not confirmed it.

In an official notification, a senior health official in Karnataka government Dr Suresh Shastri said that the lab test has confirmed that the deceased man had Covid-19.

"The 76-year-old man from Kalburgi who passed away and was a suspected COVID 19 patient has been confirmed for COVID 19. The necessary contact tracing, isolation and other measures as per protocol are being carried out. Telangana government has also been informed since he went to a private hospital there," Dr Suresh Shastri said.

The same information was also shared by Karnataka health minister B Sriramulu.

A senior Union health ministry official said in New Delhi that the death of the man had visited Saudi Arabia from January 29 to February 29. The official said the man had reached in Hyderabad on February 29 and went to Kalaburagi in Karnataka.

State Joint Director (Communicable Diseases) BG Prakash Kumar said all protocols were followed for disposal of the body.

"The body is disinfected completely and disposed of as per the Government of India guidelines," he added when asked to elaborate on the protocols.

He said the Telangana government has also been informed as the man had gone to a private hospital in Hyderabad earlier.

While announcing the death of the man on Tuesday, the state authorities had said the exact cause his death was being ascertained.

According to the Union health ministry official, "While he was asymptomatic on his return (from Saudi Arabia), he developed symptoms of fever and cough on 6th March. One private doctor visited him at his home and treated him there."

"On 9th March, the symptoms got aggravated and he was shifted to a private hospital in Kalaburagi. In this private hospital, he was provisionally diagnosed as 'mid-zone viral pneumonia' and 'suspected Covid-19'," the official said.

"The sample was collected on March 9... Without waiting for the test results, the attendees insisted and the patient was discharged against medical advice and the attendees took him to a private hospital in Hyderabad," the official said.

The patient was admitted to a private hospital in Hyderabad and treated. He died on Tuesday when he was being brought back to the Gulbarga Institute of Medical Sciences (GIMS) in Kalaburagi.

Apart from the deceased, Karnataka has confirmed five other positive cases of the novel coronavirus. The fifth case, confirmed on Thursday is of a 26-year-old man who recently returned from Greece.

The patient has been admitted and isolated at a hospital and his condition is stable, a department media bulletin said.

The day also saw the education department declaring summer holidays for students from kindergarten to class six and study leave for higher classes in the city as a precautionary measure.

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