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 .

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 11,2020

Bengaluru, Mar 11: The move by rebel ruling Congress MLAs in Madhya Pradesh to trigger the crisis for the party's government in the state appears to have been in the making for at least close to a month as Karnataka BJP leaders were sounded about hosting them in Bengaluru in advance, sources said.

They also indicated that the 19 rebel MLAs would stay in the city for at least two weeks till an alternative government takes charge in Madhya Pradesh.

A senior Karnataka BJP leader, in charge of the Madhya Pradesh legislators' stay in Bengaluru, received a communication from the party's central leaders about the move nearly 15-20 days ago, the sources involved in the development said on condition of anonymity on Tuesday.

The leader had even gone to New Delhi in the third week of February to meet BJP's central leaders in this regard, they said.

In a massive setback for the Congress, its prominent youth leader Jyotiradtya Scindia quit the party and in a coordinated rebellion on Tuesday 21 MLAs loyal to him resigned in Madhya Pradesh, pushing the 15-month-old Kamal Nath government to the brink of collapse.

As many as 19 Madhya Pradesh MLAs, including six ministers, said to be loyalists of Mr Scindia who appeared set to join BJP, are camping at a resort in Bengaluru. Two of them are women, the sources said.

The MLAs on Tuesday sent their resignation letters via e-mail to Raj Bhavan in Bhopal from Bengaluru.

According to the sources, eight legislators, including an independent, have been staying in the city for about a week now. Of them two - one from Congress and the other an independent MLA - had gone back.

The six were joined by 13 legislators, who landed in the city by a chartered flight on Monday, and all of them are put up in a villa.

The senior Karnataka BJP leader, also an MLA, is looking after their stay and related arrangements on the directions of the party high command, the sources said. Their stay here may be for a couple of weeks.

"There will be a no-confidence motion, and then there will be a trust vote of the new alternative government that will be formed. So they may have to stay here for some time. They may be moved out of their current location," they said.

The Madhya Pradesh legislature session is expected to begin on March 16.

The sources also said the six legislators staying in the city since last week were shifted a couple of times within the city.

Congress in Madhya Pradesh, under the leadership of Kamal Nath, had come to power in December 2018 by ousting the BJP by a narrow margin.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 18,2020

Bengaluru, Apr 18: Hours after announcing that two-wheelers will be allowed to ply and that IT/BT companies can resume operations with 33 per cent strength, Chief Minister B S Yediyurappa on Saturday took a u-turn and rolled them back, citing “public opinion” as the reason. 

Earlier in the day, Yediyurappa announced that, after April 20, there will not be any restriction on the movement of two-wheelers in areas that are not COVID-19 containment zones. Yediyurappa also said that a third of IT/BT employees will be allowed to go to the office after April 20. 

“In the backdrop of public opinion and after discussions with senior officials, it has been decided that the prohibition on two-wheelers will continue throughout the lockdown period,” a statement from the Chief Minister’s Office said. “And in the IT/BT sector, only essential services will be allowed and the work-from-home policy will continue.” 

According to sources, the u-turn came following opposition from Yediyurappa’s Cabinet colleagues. “If I was in the meeting, I’d not have allowed it,” a minister said. Only Home Minister Basavaraj Bommai and Revenue Minister R Ashoka were in the meeting Yediyurappa held earlier in the day. The Opposition also stemmed from the fact that there was no need to make decisions on the lockdown when the Cabinet was scheduled to meet on April 20, sources said. 

The incoordination was apparent on Friday when Deputy Chief Minister CN Ashwath Narayan, the IT/BT minister, said 50 per cent of employees in the sector will be permitted to work while Yediyurappa said this would depend on the number of cases reported in the coming days. 

Other announcements made by Yediyurappa remain unchanged.

“Places, where COVID-19 cases are reported, will be identified as containment zones. In such containment zones, an incident commander will be appointed and given magisterial power. Teams comprising the police and health department officials will oversee the lockdown,” Yediyurappa said. “Lockdown will be much more stringent in these areas and no one will be allowed to step out. Essential supplies will be delivered home.”

According to Bommai, there were 32 containment zones in Bengaluru and ‘hotspots’ have been identified in eight districts.

With an eye on restarting economic activities, the government will allow construction work and industries. “In urban areas, construction work will be allowed to start wherever construction workers have the facility to stay on site,” Yediyurappa said. “The manufacturing sector in rural areas and industrial units located in the special economic zones (SEZ) and townships in urban areas will be allowed to function,” he said.

Stating that inter-state travel will be prohibited, Yediyurappa said the districts of Bengaluru Urban, Bengaluru Rural and Ramnagara will be considered as one only for the movement of industrial workers.

Asked about liquor sale, Yediyurappa said a decision will be taken after May 3. The government has already prohibited liquor sale till April 20 midnight.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 23,2020

Bengaluru, Mar 23: The Karnataka government on Monday decided to purchase 1,000 ventilators from medical devices company Skanray Technologies and five lakh Personal Protective Equipment (PPE), amid rising COVID-19 cases.

Health Minister B Sriramulu convened a meeting with officials to review the situation in the wake of the coronavirus outbreak, and with the Mysuru-based firm through a video conference.

"In the meeting, it was decided to buy 1,000 ventilators immediately", the Minister tweeted.

He said the government has already taken steps to buy ten lakh masks, and decided to purchase five lakh PPE.

"The Health Department has been working on a war- footing to halt the spread of the (COVID-19) infections", Sriramulu tweeted.

The Minister appealed to the citizens to strictly follow social distancing.

Six new COVID-19 cases were confirmed in Karnataka on Sunday, taking the total number of infections to the respiratory disease to 26 -- the highest number of positive cases in a single day in the State.

The Karnataka government has announced shutdown of all commercial activities barring essential services in nine districts, where COVID-19 cases have been reported, till March 31.

They are: Bengaluru city, Bengaluru Rural, Mangaluru, Mysuru, Kalaburagi, Dharwad, Chikkaballapura, Kodagu and Belagavi, Home Minister Basavaraj Bommai said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.