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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coastaldigest.com web desk
June 14,2020

Benglauru, June 14: Even as schools are divided over providing online education, the state Higher Education Department is stressing on continuing online education.

Deputy Chief Minister and Higher Education Minister Dr C N Ashwath Narayan has stressed the need for digital learning to eliminate educational inequalities.

Taking part in a Webinar on ‘Digitising Higher Education - Challenges and Opportunities,’ organised by the Padmashree Institute of Management, he asked educational institutions to give emphasis to digital learning.

“Digital learning is a means to ensure quality education to all sections of the society without discrimination on the basis of caste, region and religion. This is a solution to eliminate discrimination. Through digital learning, a student in a remote village will also get an opportunity to learn from an experienced and highly qualified teacher.”

In addition to this, students are getting study material in digital form. Keeping these important aspects in mind, all educational institutions should give stress to digital learning without wasting any time,’’ he said.

He, however, admitted that digital learning has its own challenges like - quality internet connectivity, laptops and mobile gadgets.

“We are trying to find a solution to it by raising funds through Corporate Social Responsibility or through government funds,” he said. “We are making efforts to provide 4G network across the State,” he said.

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coastaldigest.com news network
May 18,2020

Bengaluru, May 18: Karnataka chief minister B S Yediyurappa today announced lockdown relaxations from tomorrow (May 19) across the state. As per new guidelines public transport services will start operations outside COVID-19 containment zones in the state. 

 “To facilitate easy movements of citizens, services of the BMTC, KSRTC, NEKRTC and NWKRTC will start from Tuesday morning, except in containment zones. Even private buses can ply,” Yediyurappa said, after discussing the Centre's Lockdown 4.0 guidelines with his Cabinet colleagues and officials. 

“The only condition is that only 30 people should travel in one bus so as to ensure social distancing,” the CM said. 

He also clarified that bus fares will not be hiked. “I know there will be losses incurred. The government will bear the losses,” he said. 

Auto rickshaws, taxis and maxi cabs (six-passenger vehicles) will also be allowed to operate. “Auto rickshaws and taxis will have a driver and two passengers. Maxi cabs will have a driver and three passengers,” Yediyurappa said. 

All parks in the state will be open 7 am to 9 am and 5 pm to 7 pm. 

Starting Tuesday, all shops except malls and theatres can open. “This includes salons,” the CM said. 

All relaxation will cease to exist every Sunday, the CM said. “Every Sunday will be a complete lockdown. There’ll be no shops and the movement of people. It’ll be a complete rest day,” he said. 

The existing curfew from 7 pm to 7 am will continue on all days, which means public transport services will not be allowed during this time. 

Trains will run within the state, but interstate trains will not be allowed till May 31, the CM said. 

It is mandatory for citizens to wear masks in public. “Not wearing a mask will be penalised,” Yediyurappa said. 

On the classification of zones, Yediyurappa said the government's main focus was containment zones. “We're particular about containment zones. In the Karwar district, for example, Bhatkal will be a containment zone and no other taluk will have restrictions,” he said. 

However, the government will review the relaxation based on how things pan out. “States have been given the freedom, so we can withdraw or modify as necessary,” he said.

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News Network
March 22,2020

Mangaluru, Mar 22: A video being circulated in the social media purportedly of a man infected with COVID-19 at a hospital here is fake, its authorities said.

The video which shows a youth, dressed in pink trousers and wearing a mask, struggling to breathe on a blue hospital bed, had gone viral after which the Wenlock hospital issued a clarification.

The video started circulating after Dakshina Kannada Deputy Commissioner made public Sunday that a person has tested positive for coronavirus at the hospital.

Follow live updates of coronavirus cases in India here

"A video of a patient convulsing on a hospital bed is being circulated on social media. This video is not of Wenlock hospital. Besides, we do not use blue beds," the hospital said in a statement, adding that they will file a complaint with the police regarding the video.

The first COVID-19 case in the district was confirmed at the hospital on Sunday.

The 22-year old man who came here from Dubai was tested positive and is under treatment in the isolation ward.

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