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

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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 20,2020

Chamarajanagara, Jan 20: Karnataka High Court Judge P G M Patil has said that it was the responsibility of the judiciary to ensure that justice was not delayed.

He was speaking at a function marking the inauguration of the first and second floors of the district courts in Chamarajanagar town here last evening. He said that the role of the judiciary was critical in establishing justice in society and hence all efforts must be made to ensure that there was no delay in securing justice.

He observed that the district court has been provided with better amenities that should be utilized for the benefit of the public. The district is no longer backward. It has shown progress and development in recent years and has produced three HC judges, Justice Patil added.

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News Network
July 21,2020

Bengaluru, Jul 21: Karnataka Chief Minister B S Yediyurappa on Tuesday said that everyone has to fight COVID-19 while maintaining a stable economy and lockdown is not the solution.

While briefing the media after a meeting with Health Minister B Sriramulu and officials here, CM Yediyurappa said, "There will be no lockdown from tomorrow, people need to get back to work, the economy is also very important. We have to fight COVID-19 while maintaining a stable economy. Lockdown is not the solution, now restrictions will be placed only in containment zones."

"People who came from Maharastra and Tamil Nadu added to the COVID-19 cases in Karnataka. Experts have suggested a 5T strategy - Trace, Track, Test, Treat and Technology. Our COVID warriors are working day and night to safeguard the people of the state, we have to maintain social distance, wear a mask while going out," he added.

CM Yediyurappa further said that more than 80 per cent COVID-19 cases in the state are asymptomatic.

"Five five per cent need ICU or ventilators, 11,230 beds are kept ready for the use of people including private hospitals, medical colleges. The real-time dashboard is ready to serve the people. Now onwards, test report will be given within 24 hours. SSLC exams were conducted successfully. More than 8 lakh students wrote exams in such a situation," he said.

Commenting upon the allegations of COVID-19 mismanagement labelled by opposition leaders, CM Yediyurappa said, "I request all the opposition leaders not to make unnecessary comments. I request Siddaramaiah, D K Shivakumar and others to suggest us valuably to fight corona together."

"We will give all the details which are required to D K Shivakumar, Siddaramaih, H D Kumaraswamy. Not even one-rupee corruption is done in COVID-19 management. We will give you all details. No official misused any funds, being opposition leaders, you have all rights to check documents, we will provide them," he added.

Taking to Twitter, Health Minister B Sriramulu said that the decision to raise the salary of 2,000 AYUSH doctors to Rs 45,000 was taken in the meeting.

"The decision to raise the salary of 2000 AYUSH doctors to Rs 45,000 was taken at a meeting chaired by our Hon. Chief Minister Shri @BSYBJP. Assurance has been given that the demand of private AYUSH doctors too will be reviewed and a decision regarding the same will be taken at the earliest. All doctors who were protesting for the same have withdrawn their resignations and reported to work," he tweeted.

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News Network
March 11,2020

Mar 11: The Karnataka government on Wednesday started a campaign called 'Namaste over Handshake' that encourages people to greet in the traditional Indian style, to tackle the spread of coronavirus.

The campaign also includes health advice on how people can protect themselves from the infection by adopting hygiene practices such as regularly washing hands to prevent the spread of COVID-19.

As part of the campaign, the state health and family welfare department has uploaded a poster on the social media, featuring a 'Bharatnatyam' dancer draped in a red saree saying 'Namaste'.

"Use Namasthe to greet others, fight against corona" read a message on the poster online.

The poster has health helpline numbers (104 and 011- 23978046) for public queries on the viral disease, which has claimed 4,251 lives worldwide.

A health department official told PTI that as part of the campaign, posters have been uploaded on social media and it would be printed and despatched to different districts to be put up at important junctions.

"We had been working on this idea. Kerala has already done it. They are using Kathakali dancers whereas we are using a Bharatanatyam dancer as our model," the official said.

Medical Education Minister K Sudhakar too had insisted that people should adopt 'Namasthe' or 'Namaskara' to greet people instead of handshakes or hugs.

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