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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coastaldigest.com news network
June 21,2020

Bengaluru, Jun 21: As many as 453 new coronavirus cases were confirmed on Sunday including 196 in Bengaluru alone, taking the total number of infections in Karnataka to 9,150, the Health Department said.

Five more deaths took the toll due to COVID-19 in the state to 137, a bulletin issued by the department said.

An assistant sub-inspector posted in a traffic police station died due to coronavirus on Saturday night taking the number of policemen succumbing to the contagion to three, police said.

The entire police station has been sealed for sanitisation and 25 people including five primary contacts of the deceased have been quarantined at the designated hospitals.

The total number of COVID-19 cases include 5,618 discharges, 3,391 active cases, 137 deaths, four deaths due to non-COVID causes and 77 patients admitted in Intensive Care Units.

The 196 cases confirmed in Bengaluru today is the highest single-day spike ever since the outbreak of the pandemic.

With 64 deaths so far, the city's share in the total fatalities in the state due to COVID is 47 per cent.

The five deaths reported on Sunday included three in Bengaluru.

"Yes. It is a major single day spike in Bengaluru," a health department official told P T I.

Of the total cases reported in Bengaluru, 101 are Influenza-Like Illness (ILI) and 68 are those whose contact tracing is underway.

Apart from 196 in Bengaluru, 40 cases were reported in Ballari, 39 cases each in Kalaburagi and Vijayapura, 18 each in Mysuru and Gadag, 15 in Dharwad, 14 in Bagalkote, 13 in Bidar, eight each in Davangere, Uttara Kannada and Kolar.

The five deaths reported on Sunday consisted of four men and a woman.

In view of the rising cases in Bengaluru, the Chief Secretary on Saturday formed three teams.

According to an order, Principal Secretary in Cooperative department Tushar Girinath will head the team that will ensure shifting the patients from their houses or the institutional quarantine facilities to the designated hospital.

The second team headed by the Karnataka Public Service Commission secretary G Sathyavathi will monitor the containment zone and carry out extensive surveys of people with COVID-19.

The third team is headed by Karnataka State Mineral Development Corporation managing director Naveen Raj Singh and Additional Commissioner of police Hemant Nimbalkar who will ensure social distancing at public places.

These three teams will have senior bureaucrats and top police officers as members.

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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
April 7,2020

Bengaluru, Apr 7:  A group of Muslim philanthropists including a woman were allegedly assaulted by a group of people while they were distributing necessary food items to the needy at Dasarahalli of Amruthahalli Police Station limits in the city.

An FIR has also been registered in this regard and two people have been taken under police custody.

Twenty-three-year-old Syed Tabrez, son of Zarin Taj, secretary of Swaraj Abhiyan's local unit and his mother and friends were attacked by some unknown miscreants at Dasarahalli of Amruthahalli police station limits on Monday while they were distributing essential items to the needy amid the COVID-19 lockdown.

"The incident occurred on Monday. An FIR was filed by the woman stating that she was assaulted by some people. On receiving the information, our officers rushed to Ambedkar Hospital and spoke to one of the victims. As per the complaint, Vidyaranya Pura and Amruthahalli Police have secured two people.

The investigation is underway. It is not a case of communal hatred," said Dr Bheemashakar Guled, Deputy Commissioner of Police (DCP), North-East Bengaluru.

Tabrez has suffered minor injuries on his right hand and right leg while others have also suffered minor injuries. They have been discharged from the hospital.

The incident occurred at around 6 pm yesterday when some people came on a motorcycle, carrying bats and started thrashing Tabrez along with others, as per the FIR. Later, the injured people went to Amrutahalli Police Station and filed a complaint there.

Later they went to the Bowring Hospital which was closed. Then, they went to Dr Ambedkar Hospital in KG Halli.

Syed's mother said the accused persons threatened us, saying that "Muslims are poisoning the rations. You people will not deliver the food here. Muslims will have to leave the slum and relocate themselves somewhere else."

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