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.

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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
June 29,2020

Bengaluru, Jun 29: Former Karnataka Chief Minister Siddaramaiah along with Congress leaders on Monday rode a bicycle from his residence to Minsk Square to protest against the hike in fuel prices.

KPCC President DK Shivakumar was also seen riding a bicycle along with other members of the Congress party to Minsk Square where the party staged the protest.

During the protest, Siddaramaiah and Shivakumar along with party leaders carried a bike on their shoulders.

"We are carrying out our duty today. At the time of the UPA government's rule, when there was any hike in fuel prices, several BJP leaders had made bold statements. It is ironic that today, at the time of this COVID-19 pandemic, even despite the price of barrels falling, they have increased fuel prices," said Shivakumar.

"In Delhi, diesel prices have exceeded petrol prices. We must protest against this. The DCP can file whatever case he wants to. Despite several cases against us, we have never been shaken up. They are inconveniencing people and causing the people to burn in hell. These people must be protected," he added.

With the hike in fuel prices, the petrol prices stand at Rs 83.04/litre (increase by Rs 0.05), and the diesel prices stand at Rs 76.58/litre (increase by Rs 0.13) in Bengaluru, according to a price notification of state oil marketing companies.

The Congress has termed the increase in the prices of petrol and diesel as "unjust" and "thoughtless", and urged the Central government to roll back the increase with immediate effect and pass on the benefit of low oil prices directly to the people.

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coastaldigest.com news network
June 19,2020

Mangaluru, Jun 19: Mohammad Haneef Guddemane, a cattle trader, who was thrashed by the miscreants of Bajrang Dal while legally transporting cattle last weekend, today appeared before media and demanded appropriate action against the assailants.

The attack took place on June 14 at Urwa in the city when he was transporting four buffalos along with all necessary documents. The attack was also captured on a CCTV camp. 

The victim, who addressed a press conference today, said that it was not the first time he is transporting cattle as into animal and husbandry for years. 

“I had bought 10 she-buffaloes on June 13 from Ranennur and obtained certificate from the local government veterinary doctor after which the animals were brought to my village,” said Haneef, who is a resident of Jokatte on the outskirts of the city. 

He said that he was transporting four out of the ten she buffaloes he had bought to the slaughterhouse at Mangaluru on June 14 when a gang of around 15 members which intercepted his vehicles near Urwa police station dragged him out of the vehicle, rained abusive words at him, made blasphemous remarks about his religion, and hit him with a helmet besides kicking him. 

He said that three of the assailants were armed with sabre, iron rod and wooden sticks. 

"They also tied me to the vehicle and assaulted. They also attacked me with their arms but I escaped. Their plan was to kill me. Fortunately, the police reached the spot and the assailants escaped. However, they thoroughly damaged my vehicle and robbed Rs 7,800 I had with me. I got treated at Highland Hospital in the city," he stated.

Expressing shock over the soft corner approach of the police towards the assailants, he said that only six of around 15 attackers were booked by the police. 

“All the accused were let off by the police after registering petty cases. Ironically, the police had not recorded my statement. On the day of attack, they had asked me to sign on a paper. It contained the complaint written by themselves. Hence, on June 17 I visited the Urwa police station and recorded my statement,” he said.

He said that even though he has all the documents pertaining to the cattle that he had purchased, the police had registered false cattle theft charge against him. 

Former city mayor K Ashraf, Hyder, bother of the victim and Shamsuddin, Jokatte gram panchayat vice president were present at the press meet.

Also Read: Mangaluru: Bajrang Dal men thrash cattle trader after waylaying buffalo-laden vehicle

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News Network
May 13,2020

Mumbai, May 13: Members of the Muslim community helped in performing the last rites of their 72-year-old Hindu neighbour in Sewri area here after the deceased's relatives could not reach for his funeral due to the lockdown.

Pandurang Ubale, who was paralysed since the last few months, died at his residence in Zakaria Bunder area of Sewri on Monday. He had been staying there along with his wife and son since some decades.

After his death on Monday, his relatives staying in suburban Mulund, Belapur in adjoining Navi Mumbai and Alibaug in neighbouring Raigad district could not come over to his place in the wake of the coronavirus-induced lockdown.

As Ubale's wife and son were unable to make all arrangements for the funeral, they informed their neighbours, who came forward to help and even prepared the bier.

A neighbour, Asif Sheikh, who attended the funeral, said, We knew Ubale uncle since a long time. He always participated in our festivals and we used to be a part of their festivities. We all came forward to bid him a farewell and helped in performing his last rites."

Last month also,some Muslim men carried the body of a Hindu neighbour in suburban Bandra on their shoulders to the cremation ground after the deceased's relatives were unable to attend the last rites due to the lockdown.

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