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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coastaldigest.com web desk
April 30,2020

Mangaluru, May 30: Coastal district of Dakshina Kannada today recorded third covid-19 death as a 67-year-old woman from Bantwal taluk succumbed to the coronavirus at the district Wenlock Hospital, the designated Covid hospital.

The victim is said to be a neighbor of two women (daughter-in-law and mother-in-law) who died of the coronavirus a few days ago. 

On April 18 due to difficulties in breathing, she was rushed to Wenlock Hospital, where she was tested positive for coronavirus. Initially she responded to treatment. However, her condition started worsening earlier this week and breathed her last today evening.

Her daughter also has been tested positive for the deadly virus and she is currently undergoing treatment. 

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coastaldigest.com web desk
July 25,2020

Bengaluru, July 25: A 105-year-old person from Bengaluru’s Basaveshwar Nagar, who was under treatment for covid-19 at a hospital for past five days, breathed his last today. He was a former government account who retired in 1973. He was the oldest known covid-19 patient in the state so far.

Many members of the patient's family are said to be infected and are hospitalised at various facilities. The funeral will be overseen by two uninfected family members.

The patient 74411 died on Saturday morning at around 9 a.m., said Dr Prasanna, Managing Director of Pristine Hospital And Research Centre where the former was admitted.

“The patient was initially doing well when he admitted on July 20. He did not have significant lung changes when he was admitted. However, after three days, his blood pressure started to drop so he was put on oxygen in the ICU. Yesterday morning, with continued deterioration, he was placed on non-invasive ventilator support,” Dr Prasanna said.

“Finally, by last night, his oxygen saturation levels began to plummet abruptly and we had to intubate him for ventilator support. His condition continued to deteriorate, however. The cause of death was respiratory failure and the onset of sepsis,” he added.

Although earmarked for supplies of Remdesivir by the government, the hospital did not receive the drugs. An appeal to Dr K Sudhakar, Minister of Medical Education by the hospital staff resulted in an assurance that the medication would arrive. “However, in the end, we had to source the medication ourselves on Friday,” medical staff said.

Dr Thrilok Chandra, Head, Critical Care Support Unit (CCSU), which oversees the care of critical or vulnerable-aged Covid-19 patients, had said that Patient 74411 had been diagnosed early. “He was identified when the disease was still in the early stages in his body. He only had symptoms of Influenza-Like Illness (ILI), so the symptoms were not severe,” Dr Chandra had said.

“It’s very sad. We were rooting for him to pull through. He had no comorbidities at all. He had been bed-ridden from last year, but he was healthy. His only potential comorbidity was his advanced age,” Dr Prasanna said.

According to government data, 34% of Covid-19 fatalities in India are aged between 60 and 74 years of age. Fourteen per cent are aged above 74.

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News Network
May 28,2020

Udupi, May 28: The India Meteorologic Department (IMD) on Thursday warned fishermen in coastal belt of Karnataka against venturing out into the deep sea between May 31 and June 4.

The Department stated that depression is expected to occur in the south-eastern part of Arabian Sea and the nearby areas and it would be dangerous for the fishermen of Karnataka, Kerala and Lakshadweep to go out towards the deep sea.

The Department officials said that they would provide information on development in weather conditions. In the backdrop of the current weather forecast, however, the fishermen in the western coastline were advised against venturing into the sea.

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