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
March 31,2020

Bengaluru, Mar 31: Venkara Raghava, a software engineer from Bengaluru, who was infected with the coronavirus has recovered and is currently "doing perfectly well".

"I am doing perfectly well now. I had travelled to Los Angeles via Heathrow airport and that is when I came in contact with many travellers. I might have picked up the infection there," Raghava told news agency.

It was in Los Angeles when he started getting a 'low-grade fever' which led him to prepone his flight to Bengaluru. "When I landed back in Bengaluru on March 8, I had a fever and I isolated myself. The same day I went to a hospital where my travel history was taken and I tested positive for COVID-19", he said.

The next day, he was admitted to the isolation centre. His entire family was also tested but the results came back negative.

When asked about what does suffering from COVID-19 feel like, he responded that it was a like a regular viral fever and was "nothing to be scared of". "The fever is very grinding, and since my childhood, I never had a fever. I had a fever for almost 15 days consistently 100 degrees (F)," he said.

About his experience at the isolation centre, he said that it was an experience unlike that of a hospital. "At the isolation centre, one has to take care of themselves, unlike a hospital where doctors and nurses take care of the patient. I had to put a wet cloth on myself and you cannot overdose yourself with Calpol or Paracetamol," he said.

For him, "The tough times are now over" and now he has fully recovered but in the process, he ended up losing about five kilograms. "After the fifteenth day when I woke up with no fever, they took a test for the nose and the throat and it came back negative," he recalled, and on March 22, he was set free.

For one week, he has been in self-quarantine at home "being completely watchful" that the symptoms do not reoccur.

The number of total coronavirus cases reached 1,251 on Monday. There are 1117 active cases in the country, according to the Ministry of Health and Family Welfare.

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News Network
March 21,2020

Mangaluru, Mar 21: Southern Railway has cancelled some more trains in view of poor patronage due to restrictions in place to prevent the spread of COVID-19.

Train No.16565 Yesvantpur-Mangaluru Central Weekly Express has been cancelled on March 22 and March 29.

Train No.16566 Mangaluru Central-Yesvantpur Weekly Express will not run on March 23 and March 30.

Train No.10215 Madgaon-Ernakulam Weekly Superfast Express will not be operated on March 22 and March 29.

Train No. 10216 Ernakulam-Madgaon Weekly Superfast Express will not run on March 23 and March 30.

Train No.16355 Kochuveli-Mangaluru Junction Antyodaya Express, scheduled to leave Kochuveli on March 21, 26 and on March 28 stands cancelled.

Train No.16356 Mangaluru Junction-Kochuveli Antyodaya Express, scheduled to leave Mangaluru Junction on March 22, 27 and March 29 will not be operated, a Southern Railway release said.

Hubballi–KSR Bengaluru–Hubballi Janashatabdi (Daily) Express (12079/12080), Mysuru–Yelahanka–Mysuru Malgudi (Daily Express)

(16023/16024), Yeshwantpur–Pandharpur–Yeshwantpur (Weekly) Express (16541/16542), Mysuru–KSR Bengaluru–Mysuru Rajyarani Express

(16557/16558), Shivamogga–Yeshwantpur –Shivamogga Express Special (06539/06540), Mysuru–Renigunta–Mysuru Weekly Express

(11065/11066), Mysuru–Sainagar Shirdi–Mysuru Weekly Express (16217/16218), Yeshwantpur–Mangaluru–Yeshwantpur Weekly Express (16565/16566), and Belagavi–Mysuru Vishwamanava (Daily) Express (17326).

Mysuru–Belagavi Vishwamanava (Daily) Express (17325) has been cancelled till April 1.

The services of Train No.16023/16024 Mysuru-Yelahanka-Mysuru Malgudi Express has been cancelled from March 20 to March 31.

Similarly, Train No.16557/16558 Mysuru-KSR Bengaluru-Mysuru Rajya Rani Express will not ply from March 20 to March 31, according to a railway release.

Train No. 17325 Belagavi-Mysuru Vishwamanava Express will not operate from March 21 to April 1 and the corresponding service of Train No.17326 from Mysuru to Belagavi will remain cancelled from March 20 to March 31.

The authorities have also cancelled the service of Train No.11065 Mysuru to Renigunta weekly express which was to operate on March 20 and March 27 and the corresponding service from Renigunta to Mysuru on March 21 and March 28.

Likewise, Train No.16217 Mysuru to Sainagar Shirdi weekly express will not operate on March 23 and March 30 and the journey in the return direction of Train No.16218 Sainagar Shirdi to Mysuru weekly express on March 24 and March 31 stands cancelled.

The railway authorities have cancelled the Hubballi-KSR Bengaluru-Hubballi Janshatabdi superfast express from March 20 to March 31 and the services of Train No.06539/06540 Yasvantpur- Shivamogga Town-Yasvantpur express for March 20, 24, 25, 26, 27 and March 31 stands cancelled.

The other trains cancelled for a limited period include Train No.16541 Yasvantpur to Pandharpur weekly express for its journey commencing on March 19 and 26 and the return journey on March 20 and 27.

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News Network
March 25,2020

Chithradurga, Mar 25: COVID-19-positive cases in Karnataka jumped to 42 from 33 on Tuesday, with nine cases added to the list overnight. The daughter of G M Siddeshwara, Davanagere MP, is the latest case.

Sources from the Siddeshwara family said that the MP’s daughter, along with her two children, who started from Guyana, first landed at New York airport and from there, she took a flight to New Delhi.

From Delhi, she flew to Bengaluru. And then, she and her children travelled with her father in a chaffeur-driven car on March 21 to their house in Bheemasamudra.


Siddeshwara said that protocol for COVID-19 had been followed and all who returned were under self-quarantine at his house. However, the administration was not informed of her travel history till the samples were given for test, Chitradurga Deputy Commissioner Vinoth Priya R told TNIE. The DC said the test results of the MP’s daughter were collected by district health authorities and sent to Shivamogga Institute of Medical Sciences on March 22.

The test turned out to be positive for COVID-19 and she was shifted to the isolation ward at Chigateri district hospital in Davanagere. This is the first positive case in Chitradurga.The patient, who is the wife of an Indian Diplomat in Guyana, complained of flu-like symptoms and remained self-quarantined at her house at Bheemasamudra. Her condition was informed to the health department, which collected her samples and forwarded it to the SIMS for tests, results of which arrived on Tuesday evening.

The DC said that samples of family members including the two children, and those working at the MP’s house would be collected and sent for testing to ensure proper protocol is followed. The administration has declared a ‘red zone of a 5km radius around Siddeshwara’s house at Bheemasamudra. DHO Dr Palaksha said that the patient is not suffering any serious problems and is normal. However, we have put her in the isolation ward of Chigateri District Hospital in Davangere, he said.

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