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 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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News Network
April 27,2020

Belgaum, Apr 27: A CRPF COBRA commando was thrashed and dragged to police station barefoot by police allegedly for violating lockdown norms here in Belgavi district.

Sachin Savant, the CRPF commando of 207 COBRA was arrested by police personnel of Sadalga Police Station on April 23 on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The incident took place when the commando was cleaning his motorcycle in front of his house at Examba.

Images of the jawan being tied up in chains and the video of the incident have created furore on social media.

Calling it an "unfortunate incident", CRPF Additional Director General (Operations) Sanjay Arora wrote to Karnataka DGP Praveen Sood.

"In an unfortunate incident, Ct Sachin Savant of 207 COBRA was arrested by police personnel of Sadalga Police Station, Distt Belagavi, on Apr 23, on the alleged charges of violating lockdown norms and assaulting/deterring public servant from discharging his duty. The individual was on extended leave and cleaning his motorcycle in front of his house, at Examba, when the incident took place," Arora said in a letter to DGP.

In the video of the incident, the commando is seen standing near a bike, while multiple police personnel indulge in a verbal spat with him. A police personnel can be seen repeatedly pushing and shoving the jawan. The commando retaliates after he was attacked with a lathi by the police.

"Reportedly, a skirmish had taken place between the COBRA commando and the Beat police personnel over wearing of a mask, following which he was manhandled and ill-treated, before his family members, and paraded to the police station barefoot, where he was kept in chains and handcuff," CRPF ADG said.

He said the viral video shows that police personnel's conduct was not "citizen-centric".
Stressing that this "unpleasant situation" could have been avoided, if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest, he said: "CRPF is a very reputed force, with high standards of discipline, and we have the institutionalized mechanism for taking care of such situations."
Arora asked that Karnataka DGP to get the matter inquired and provide justice.

Meanwhile, CRPF spokesperson M Dhinakaran said the bail plea of the commando will be taken up in the court on Tuesday.

"We have taken up the case with State Police Chief of Karnataka. On Tuesday, his bail plea case is coming before the court. The CRPF will be in court through a local officer. Thereafter, an investigation into the matter shall be followed up to take it to the logical conclusion," said Dhinakaran.

Giving clarification on the matter, Belgavi Superintendent of Police told media that the CRPF jawan was found roaming with friends, who ran away on seeing police. However, the jawan was caught without a mask.

"The jawan was standing without wearing a mask. When policemen on duty asked him why he is not wearing a mask, he started arguing asking them who are you to ask and I am from CRPF, thereby violating the orders promulgated by DC," he said.

The SP also claimed that the jawan lost his cool and kicked the stomach of one of the constables.

"The jawan held the collar of the police constable and started pushing him aggressively. Another head constable, who is old, came to the rescue of his fellow colleague. Later the jawan was taken to the police station and a case was registered under various sections of IPC and Section 3 of Epidemic Disease Act against him," he said.

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News Network
January 8,2020

Mangaluru, Jan 8: The Muslim Central Committee of Dakshina Kannada and Udupi, has finally received green signal from the city police to hold an awareness meet against CAA, NRC and NPR on January 15, but on the outskirts of the city.

The Committee, which is a kind of umbrella body of Muslim organisations of the two coastal districts, had twice cancelled its planned protest against the same at Nehru Maidan, in the heart of the city due to permission denial by the city police. 

Addressing a press conference here today, Committee chairman, KS Mohammed Masood said that event will be held at Shaha Garden near Central Juma Masjid at Adyar Kannur.

He said that the representatives from the 28 different organisations unanimously finalised the date and venue after a consultations as the police refused to grant permission to hold the event at Nehru Maidan or Town Hall.

Representatives of various organisations including S M Rasheed Haji, Ibrahim Kodichal, B M Mumtaz Ali, Rafeeuddin Kudroli and Abdul Rasheed Zaini were present at the press meet.

Comments

Abdul Gaffar Bolar
 - 
Thursday, 9 Jan 2020

They giving Permission for RSS Terrorists to make any programs in Nehru Maidan. Why don't for Muslims???

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