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
January 21,2020

Mangaluru, Jan 21: Operations at Mangaluru International Airport (MIA) are normal, a day after security agencies detonated a bomb recovered from the airport in a controlled explosion, an official said on Tuesday.

"All operations are normal at Mangluru International Airport. Everything is normal," told the airport director V.V. Rao to IANS.

Rao said even on Monday, there was no interruption to the airport operations, except for that one recalled IndiGo flight to Bengaluru.

"As the explosive was isolated and taken away from the airport, there was no disturbance to flights, except one Bengaluru-bound IndiGo flight which suffered a few hours delay and took off later," said Rao.

Meanwhile, security has been tightened at the airport.

Mangluru north assistant commissioner of police Belliappa told media that the police are still on the hunt for the culprits who planted the bomb at the airport.

"We are trying to trace the culprits, we got the footage of the suspects," said Belliappa, highlighting that the police are yet to find the name, age and other details of the suspects.

At Bengaluru's Kempegowda International Airport (KIA), the number of police personnel has been increased in a bid to tighten the security and 24 hour searching of vehicles is underway.

"We have set up two check posts on the way to the airport and randomly checking vehicles," told Devanahalli assistant commissioner of police Subramanya to media.

All Karnataka airports, including Hubballi and Belagavi, are on high alert.

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Agencies
March 26,2020

Madrid, Mar 26: More than three billion people around the world were living under lockdown on Wednesday as governments stepped up their efforts against the coronavirus pandemic which has left more than 20,000 people dead.

As the number of confirmed cases worldwide soared past 450,000, UN Secretary General Antonio Guterres warned that only a concerted global effort could stop the spread of the virus.

In Spain, the number of fatalities surpassed those of China, where the novel coronavirus first emerged three months ago, making it the hardest-hit nation after Italy.

A total of more than 20,800 deaths have now been reported in 182 countries and territories, according to an AFP tally.

Stock markets rebounded after the US Congress moved closer to passing a $2.2 trillion relief package to prop up a teetering US economy.

In Washington, President Donald Trump said New York, the epicenter of the US outbreak with over 30,000 cases, likely has a few "tough weeks" ahead but he would decide soon whether unaffected parts of the country can get back to work.

"We want to get our country going again," Trump said. "I'm not going to do anything rash or hastily.

"By Easter we'll have a recommendation and maybe before Easter," said Trump, who had been touting a strong US economy as he faces an election in November.

UN chief Guterres said the world needs to ban together to stem the pandemic.

"COVID-19 is threatening the whole of humanity -- and the whole of humanity must fight back," Guterres said, launching an appeal for $2 billion to help the world's poor.

"Global action and solidarity are crucial," he said. "Individual country responses are not going to be enough."

India's stay-at-home order for its 1.3 billion people is now the biggest, taking the total number of individuals facing restrictions on their daily lives to more than three billion.

Anxious Indians raced for supplies after the world's second-biggest population was ordered not to leave their houses for three weeks.

Russia, which announced the death of two patients who tested positive for coronavirus on Wednesday, is expected to follow suit.

President Vladimir Putin declared next week a public holiday and postponed a public vote on controversial constitutional reforms, urging people to follow instructions given by authorities.

In Britain, heir to the throne Prince Charles became the latest high-profile figure to be infected, though he has suffered only mild symptoms.

The G20 major economies will hold an emergency videoconference on Thursday to discuss a global response to the crisis, as will the 27 leaders of the European Union, the outbreak's new epicenter.

China has begun to relax its own draconian restrictions on free movement in the province of Hubei -- where the outbreak began in December -- after the country reported no new cases.

Crowds jammed trains and buses in the province as people took their first opportunity to travel.

But Spain saw the number of deaths surge to more than 3,400 after 738 people died in the past 24 hours and the government announced a 432-million-euro ($467 million) deal to buy medical supplies from Beijing.

The death toll in Italy jumped in 24 hours by 683 to 7,503 -- by far the highest of any country.

The number of French deaths was up by 231 on Wednesday to more than 1,330, and metro and rail services in Paris were cut to a minimum.

Spain and Italy were joined by France and six more EU countries in urging Germany and the Netherlands to allow the issue of joint European bonds to cut borrowing costs and stabilise the eurozone economy.

The call is likely to fall on deaf ears when EU leaders talk on Thursday -- with northern members wary of pooling debt with big spenders -- but they will sign off on an "unprecedented" recovery plan.

At La Paz University Hospital in Madrid, nurse Guillen del Barrio sounded bereft as he related what happened overnight.

"It is really hard, we had feverish people for many hours in the waiting room," the 30-year-old told AFP.

"Many of my colleagues were crying because there were people who are dying alone, without seeing their family for the last time."

Coronavirus cases are also spreading in the Middle East, where Iran's death toll topped 2,000, and in Africa, where Mali declared its first case and several nations announced states of emergency.

In Japan, which has postponed this year's Olympic Games, Tokyo's governor urged residents to stay home this weekend, warning of a possible "explosion" of the coronavirus.

Jerusalem's Church of the Holy Sepulchre, believed by Christians to house Christ's tomb, was shut as Israel tightened movement restrictions.

The impact of the pandemic is also hitting European football, with leagues and tournaments cancelled, while the fate of the Wimbledon tennis tournament could be decided next week.

The economic damage of the virus -- and the lockdowns -- could also be devastating, with fears of a worldwide recession worse than the financial meltdown more than a decade ago.

But financial markets rose after US leaders reached agreement on a stimulus package worth roughly 10 percent of the US economy, an injection Senate Majority Leader Mitch McConnell said represented a "wartime level of investment."

Meanwhile, more than half of all Americans have been told to stay at home, including residents of the largest state, California.

The United States has at least 65,700 cases and 942 people have died.

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News Network
May 22,2020
Bengaluru, May 22: Evacuation planes from Male in Maldives and Doha in Qatar landed in Bengaluru with returnees from Karnataka after they were stranded for two months due to suspension of international flights since March 23 and the extended lockdown, an official said on Friday.
 
"An Air-India flight (#0266) with 152 passengers from Male and its subsidiary Express flight (IX-0822) with 177 returnees and 5 infants from Doha landed here safely at 6.50 pm. and 9.05 pm respectively," an airline official told media persons in Bengaluru.
 
Both the flights are first from their respective countries to Bengaluru, bringing in returnees to the southern state in the second phase of the Vande Bharat mission, being carried out to evacuate Indians stranded the world over.
 
"As per the standard operating procedure and guidelines of the state health department, all the passengers were screened with thermal device and tested to ensure they were asymptomatic before leaving the airport," a nodal officer said.
 
The returnees were given a spare mask to wear all the time and a sanitiser to wash their hands.
 
"The luggage of all passengers was screened and disinfected before handing over to them after they completed formalities such as filling the self-declaration form and downloading of the Quarantine App for contact tracing later,” said the official.
 
The passengers were ferried from the airport in state-run buses in batches for 14-day institutional quarantine in hotels and resorts across the city.
 
The flights were the 6th and 7th flights to Karnataka, of the national carrier and its Express arm, which are operating the service to repatriate thousands of Indians, including distressed workers, migrants, students, senior citizens and tourists, stranded overseas.
 
Five flights have flown about 650 returnees till date from May 18-21 under the mission's second phase to Bengaluru and Mangaluru on the west coast. The passengers have been brought from Dubai in the UAE, Kuala Lumpur in Malaysia, Muscat in Oman, Dammam in Saudi Arabia and San Francisco in the US.
 
The remaining flights to Karnataka will land in Bengaluru and Mangaluru over the next 12 days till June 3 from 9-10 more destinations the world over.
 
In the first phase of the mission from May 7-17, the airline and its arm flew 6 flights to the state from May 11-15, bringing in 800 passengers, including 623 to Bengaluru and 177 to Mangaluru from London, Singapore, San Francisco and Dubai.

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