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 28,2020

Bengaluru, Feb 28: The Liquefied Petroleum Gas penetration in Karnataka is 'absolutely 100 per cent' due to the Prime Minister Ujjwala Yojana, Indian Oil Corporation Karnataka Executive Director D L Pramodh said here on Friday.

In 2014, LPG penetration in the State was only 68 per cent, but after the PMUY, massive number of gas connections were given in the last five years, he said, adding, "It is absolutely 100 per cent today."

"There are 1.6 crore LPG connections out of which around 31.5 lakh -- or around 20 per cent -- come under the PMUY. The 100 per cent LPG penetration in the state will help women in rural areas to make their kitchens smokeless. Against the national average of 2.88 cylinders per family per PMUY annually, the figure is Karnataka 3.4 cylinders in Karnataka," Pramodh told reporters.

On the initiative of blending ethanol with petrol, he said it's 8.6 per cent in Karnataka, the highest comparedto other states, where it's five per cent to 5.5 per cent. The state aims to increase it to 10 per cent. By March 31, the IOC would commission the Rs 10 crore Vapour Recovery System at the Devanagonthi terminal on the city outskirts which would ensure that vapour does not go out in the air when tankers are being filled with fuel. "This is an important measure taken tominimise pollution", he said.

Pramodh also said the IOC has started mobile fuel dispensers, delivering fuels at the doorsteps.

Regarding the IOC's preparedness for Electric Vehicle charging stations, Pramodh said the Ministry of Power has given the company a target to set up 500 charging stations across India in the first phase. The IOC has already signed MoUs with NTPC, Power Grid Corporation Limited, Hyundai Motors, Tech Mahindra and Tata Power in this regard.

In Karnataka, 58 sites have been identified for setting up charging and battery swapping stations.

"Total electric vehicle charging facilities planned by IOC in Karnataka by March 31 is 34, out of which 26 will be EVcharging sites and eight battery swapping stations," Pramodh said.

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News Network
February 12,2020

Belagavi, 12: Even though the investigation into the four abandoned country pistols that were recovered by the Karnataka police on the outskirts of Waghawade village in Belagavi taluk last weekend did not make any headway, the police are verifying if the weapons had been used by the assassin of Gauri Lankesh for training.

Four country pistols were found abandoned on the outskirts of Waghawade on Sunday. Locals informed that the police had taken the weapons for inspection.

Prima facie it appeared that the weapons were rusted and had not been used for long. Cases had been registered against unidentified persons and investigations were in progress.

After reports that the weapons could have been used for training by the assassin of Gauri Lankesh in the forests in Khanapur, a few kilometres away from the spot wherein they were found, police have been looking into this angle too.

Sources said the condition of the weapons indicated that they have not been used for decades but to allay doubt all aspects were being looked into.

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News Network
June 7,2020

Bengaluru, Jun 7: Suspense over JD(S) patriarch HD Deve Gowda contesting the Rajya Sabha polls from Karnataka with Congress' support continues as KPCC president D K Shivakumar on Saturday said the party has fielded one candidate and the high command will decide on what do with surplus votes.

Mr Shivakumar also said his official takeover as party state unit president is likely to take place on June 14.

"Whatever our national leadership will decide... For now we are fielding only one candidate, regarding surplus votes whatever our high command says, we will abide by it," he said in response to a question about supporting Deve Gowda.

Polls for four Rajya Sabha seats from Karnataka is scheduled for June 19.

The Congress, which can win one seat with its strength in the assembly, has fielded veteran party leader Mallikarjun Kharge as the candidate, while the BJP is yet to decide on candidates for two seats it can win.

The JD(S), which has 34 seats in the assembly, is not in a position to win a seat in Rajya Sabha on its own, and will need support from one of the national parties with their surplus votes for this.

Minimum 44 votes are required for candidates to win.

Speculation is rife that congress is likely to support JD(S) with its surplus votes if the regional party fields Mr Gowda, and in return may seek favour during legislative council polls slated later this month.

Though JD(S) legislators are of the unanimous opinion that Mr Gowda should contest Rajya Sabha polls, the 87-year-old leader is said to be undecided and weighing options.

If he contests and wins, this will be the second Rajya Sabha entry for him, the first time being in 1996 as Prime Minister.

June 9 is the last date for filing nominations.

Stating that on June 8, Mallikarjun Kharge will file his nomination for Rajya Sabha polls, DK Shivakumar requested party workers not to come to Congress office or Vidhana Soudha, where the nomination will be filed, because of the COVID-19 pandemic.

"Let your love and affection continue, but let's not create problems by gathering here. After the election is over, and once he (Kharge) wins, you can greet and congratulate him. Let's not bring a bad name to his seniority for not maintaining social distancing by gathering," he said.

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