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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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
February 3,2020

Bengaluru, Feb 3: A wave of dissatisfaction has hit the six-month-old BJP government against the backdrop of chief minister B S Yediyurappa's announcement to induct 13 aspirants in the second cabinet expansion on February 6.

In the first cabinet expansion, the chief minister had inducted 17 ministers on August 20, 2019.

Among the 13, ten will be those defectors from Congress and the JD(S) who were disqualified earlier and won the assembly by-election in December last year.

The rest will be the 'native BJP leaders', as deputy chief minister Govind Karjol put it.

Speculations are rife that Mahadevapura MLA Arvind Limbavali, Hukkeri MLA Umesh Katti and C P Yogeshwar, who had lost to H D Kumaraswamy from Channapatna assembly segment,would be inducted.

If Yogeshwar is included in the cabinet then he will bethe second minister after Deputy chief minister Laxman Savadi who had lost and yet made it to the cabinet.

The possible induction of Yogeshwar and Savadi, who was made deputy chief minister despite losing the assembly elections, are also a "reason" for discontent in the BJP.

Hectic activities began in the power corridor and MLAs started forming groups to impress upon the chief minister to include their members in the ministry.

While one group was from the "Kalyana Karnataka" region, the others were the defectors who will be excluded in the cabinet expansion.

A few MLAS from 'Kalyana Karnataka' region or erstwhile Hyderabad-Karnataka region comprising six districts, met at the Legislature Home and held a meeting.

The meeting was led by Shorapur MLA Narasimha Nayak akaRaju Gouda and Honnalli MLA M P Renukacharya.
The MLAs of the Kalyana Karnataka region were unanimous that their backward region should get representation in the cabinet.

Later, Gouda met the Chief Minister and requested that their region be given adequate representation in the cabinet, which is lacking development.

Talking to reporters, Gouda said, "We had given representations to all the MPs, MLAs and the chief minister. Today also we all had a meeting and later called on the Chief Minister requesting him to make any MLA from our region a minister."

He said any imbalance in cabinet expansion will cause trouble to the MLAs from Kalyana Karnataka region.

"If you make the defeated candidates ministers then include 120 people in the cabinet," an aggrieved Gouda taunted.

Renukacharya too echoed the same sentiments.

"If you give preference to the defeated candidates then what will happen to those who won the election? Where should the winners of election go? We emphasise upon giving preference to the winners."

On the other hand, the defectors who jumped the Congress and the JD(S) ship and helped form the BJP government too had a meeting in Bengaluru, said BJP sources.

They were unanimous that not only the 11 MLAs who won theelection be made ministers but also A H Vishwanath and M T BNagaraj who had unsuccessfully contested the assembly by- polls from Hunasuru and Hoskote on a BJP ticket.

Vishwanath, who was quite vocal on Sunday for dropping his name, was mellowed down on Monday after meeting Yediyurappa.

However, his insistence for getting a cabinet berth remained intact.

"I did not make any proposal before him and will not do it in future because he (Yediyurappa) knows what has to be done,"Vishwanath told reporters after meeting the chief minister.

When he was reminded of Yediyurappa's statement that therewere legal complications in making him a minister, Vishwanath said, "This government has legal experts and the advocate general. They will speak."

Amid speculations that Athani MLA Mahesh Kumathalli may not get a cabinet berth in the reshuffle, the defected MLAs led by Gokak BJP MLA Ramesh Jarkiholi, had a meeting to decide their future strategy, said party sources.

Currently, there are 18 ministers, including the chief minister, in the cabinet, which has a sanctioned strength of 34. Sixteen berths are vacant.

The cabinet expansion exercise will be a delicate task for Yediyurappa as he has to ensure adequate representation for various castes and regions.

The ministry already has eight Lingayats, including Yediyurappa; three Vokkaligas; a Brahmin; three SCs, two OBCs and one ST.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in the cabinet expansion, alleging he is weak and his administration has collapsed.

Reacting to the cabinet expansion, former chief minister Siddaramaiah quipped, "A drama is taking place. Let it happen on February 6. Afterwards we will see what all happens."

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News Network
June 8,2020

Bengaluru, Jun 8: More than two months after the nationwide lockdown was imposed to curb the spread of coronavirus, people offered prayers at Bengaluru's Saint Mary's Church and Shree Dodda Ganapathi Temple as the government has allowed reopening of religious places from today.

Fewer devotees here visited Saint Mary's Church in Shivaji Nagar and were seen maintaining social distancing inside the church premises.

Meanwhile, people queued outside Shree Dodda Ganapathi Temple at Basavanagudi to offer prayers in the wee hours of Monday.

Floor markings have been made here to maintain social distancing.

Social distancing norms are also being followed in Hubli's Nagashetty Koppa where only a few devotees thronged the temple on Monday morning.

In Kalaburagi's Sharana Basaveshwara Temple the visiting hours for devotees have been fixed from 7 am to 10 am and three hours in the evening from 5 pm to 8 pm.

Thermal screening is being conducted here and a disinfectant tunnel has also been installed at the entry point.

Floor markings have also been made here to ensure social distancing while barricades have also been installed on the temple premises.

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News Network
February 19,2020

Bengaluru, Feb 19: Congress MLA UT Khader on Wednesday slammed the Central government over the enactment of the Citizenship (Amendment) Act and said it violates the Constitution.

"The new citizenship amendment bill is unconstitutional. The citizenship cannot be given on cast and creed basis. Because of these things we are fighting against it," he said while speaking to media in Bengaluru.

Opposition along with several non-BJP state governments, including Madhya Pradesh, West Bengal, Kerala, Punjab and Rajasthan have refused to implement the Citizenship Amendment Act (CAA) and the proposed NRC in their respective states.

The CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist and Christian refugees from Pakistan, Afghanistan and Bangladesh, who came to India on or before December 31, 2014.

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