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
February 10,2020

Shivamogga/Hubballi, Feb 10: Chief minister BS Yediyurappa on Sunday reiterated portfolios for all new ministers will be distributed on Monday and the exercise was not completed sooner only because of weekend holidays.

“I had completed all the formalities on the portfolio allocation,” Yediyurappa said, appearing to rubbish rumours that the delay was caused due to a tussle over portfolios. “However, considering it was a weekend, I decided to postpone handing them out. On Monday all portfolios will be announced.”

The CM also promised to induct loyalists into his council of ministers, admitting Umesh Katti, Hukkeri legislator, should not have been left out. Speaking in Shivamogga earlier in the day, Yediyurappa said Katti was scheduled to take oath last week along with the 10 defectors, but the decision was scrapped at the last minute due to “unavoidable reasons”. “But I have discussed the issue with Katti. Considering he is from North Karnataka and that we have worked together for many years, he will be included in the cabinet soon,” Yediyurappa said.

When questioned on more prominent legislators from his home district missing out — especially Thirthalli Arag Jnanendra — he said a “different responsibility” has been given to him and has already explained why he could not be inducted.

Yediyurappa refused to react to comments by former chief ministers Siddaramaiah and HD Kumaraswamy on government’s survival, saying he would rather concentrate on the state’s development. “It is common for the opposition to criticize the government, but I’m busy preparing for the budget, which will be presented on March 5. I am concentrating on my work,” he said.

In Davangere, Yediyurappa said he is committed to increasing internal reservation for the Valmiki community under the ST quota from 3% to 7.5%, apart from considering a separate department for the community to address their issues. Speaking at a Valimik community event, Yediyurappa said Justice Nagamohan Das has been asked to submit his report at the earliest to bring in reservation.

In Mysuru, chief minister Yediyurappa’s son and BJP Yuva Morcha general secretary BY Vijayendra on Sunday said the district will get representation in his father’s cabinet soon, pointing to the six existing vacancies. He said former minister AH Vishwanath will be made a minister as Yediyurappa is known for delivering on his promises. Speaking to reporters, he said his father has expanded his council of ministers, ensuring there were no complaints and he will include more legislators given that there are six more vacancies.

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News Network
January 6,2020

Bengaluru, Jan 6: Activist Irom Chanu Sharmila took part in a protest against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) at Sir Puttanna Chetty Town Hall here on Sunday.

Sharmila, who came in the protest along with her child, took part in a 'burqa and bindi' protest marking the birth anniversary of social reformer Savitribai Phule.

Protests have erupted across the country over the CAA which grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.

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News Network
May 7,2020

Bengaluru, May 7: Fear and anxiety gripped migrant workers who lined up at police stations in the city on Wednesday to register for train services without knowing that the state government had cancelled the train facility.

Senior officials in South Western Railway said they were ready to run special trains for migrant workers. On Tuesday evening, the state government decided to withdraw the requests made for 13 such trains to north India after realtors said they need the labourers here.

Migrants continued to stream into the railway station at Majestic, Bangalore International Exhibition Centre and even the bus station hoping for some travel arrangement. Many who were aware of the government web portal, stood in front of the BBMP ward office or police stations for enrolment.

In Varthur, over 100 migrants stood in front of the police station and sought to know what happened to the forms they had submitted four days ago. "We first went to the BBMP office and were shooed away by an official who directed us to go to the police station. We want to go home and demanded that the police help us. There was no response first. Then they came out and beat us," said Pintu Kumar from Mohanpur of Bhagalpur district in Bihar.

Though a video clip accidentally shot by Kumar showed two police personnel charging the cane at them, a police officer from the Varthur station, however, disputed the claim. "The video doesn’t show the cane landing on any person. We were beating the seat and tyre of two-wheelers to send the migrants away," he said.

At Mahadevapura, the workers came in groups and submitted the forms at the police station.

At the railway station in Majestic, a group of labourers from Bihar, Uttar Pradesh and Jharkhand had walked from several areas in south Bengaluru only to be told that there is no train. Mahendra, a labourer from Jharkhand, said they received 5 kg rice and nothing else in the last 45 days. "Now, I don’t want food. I don’t want the job or money. I can't get stuck here. I want to go home,” he said.

'Restore dignity'

Activists and leaders wrote an open letter to Chief Minister B S Yediyurappa questioning the decision to cancel trains without consulting labourers and protesting the violation of their fundamental rights.

The letter had support of 522 organisations and individuals, including Dalit rights organisations and trade unions. It urged the government to restore the dignity of the migrant workers. "We demand recognition of the autonomy and dignity of the migrant workers to decide their travel plans. No one should be forced either to stay back or to return to their home states," it said.

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