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
April 6,2020

Kottayam, Apr 6: "I will leave this room within a week after defeating you," the braveheart nurse had vowed after contracting the deadly coronavirus while attending to India's oldest COVID-19 survior, expressing unflinching faith in Kerala's health care system.

Last Friday, 32-year old Reshma Mohandas lived up to her promise and walked out holding her head high to her home, where she is now placed under 14-day quarantine, after she and the elderly man and his wife were discharged from the Medical College Hospital here on being cured of th e disease.

Soon after 93-year-old Thomas Abraham, whose recovery has been dubbed as a 'miracle cure' by the medical community, and 88-year old Mariyamma left the hospital, Reshma too headed home but with the resolve to come back and serve the patients after the mandatory two weeks quarantine.

"I will leave this room within a week after defeating you (coronavirus)", Reshma had posted in a WhatsApp group of her friends and colleagues while undergoing treatment in isolation at the hospital.

"I posted that message in the WhatsApp group because I have full faith in Kerala's health system. It is world class," Reshma told reporters from her home.

The nurse, who took care Thomas and Mariyamma since March 12, believes she contracted the disease as she was in close contact with and often talked to the couple, who did not wear masks as it made them uncomfortable.

She said she loved taking care of all their needs.

"I was not tensed at all. I love taking care of elderly people. We used to talk a lot (in the ICU)", she said.

Reshma, who was earlier working in the operating theatre of another section, said she used work for four hours in the ICU before she contracted the virus and was admitted to the same wing as a patient.

"I had close contact with them in the ICU because I paid attention to address their every needs," she said. The first warning sign came on March 23 morning when she had a throat infection.

Reshma immediately alerted the head nurse, who in turn informed the doctors.

She was asked to visit the fever clinic at the Medical College and was later referred to the isolation facility where she took care of elderly novel coronavirus patients.

Some 20 nurses who had come into contact with her were sent to home quarantine.

On March 24, she tested positive.

"I did not have any other complications, barring headache and body pain", she said.

Reshma said she was ready to serve in the isolation facility for COVID-19 patients after 14 days of mandatory home quarantine.

"I am ready to work again in the isolation facility when I return," the feisty nurse, whose husband is an engineer, said.

She was all the more happy that proper medical care at the hospital led to recovery of Abraham and Mariyamma.

Kerala Health minister K K Shailaja telephoned Reshma to express her happiness over her recovery.

The Minister said the news about a health professional contracting the coronavirus was a matter of concern for the state.

In a statement, she hailed Reshma's dedication as a professional and said she had treated elderly patients like her parents, attending to their every need.

The elderly couple, hailing from Ranni village in Pathanamthitta district had contracted the virus from their son, daughter-in-law and grandson who returned from Italy last month, all of whom have also recovered.

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News Network
June 22,2020

Bengaluru, Jun 22: Areas having three to four COVID-19 cases being termed as clusters will be totally sealed and maximum testing will be conducted there, moreover only critical cases will be shifted to COVID hospitals in Bengaluru, said Karnataka Home Minister Basavaraj Bommai.

Speaking to media persons, Karnataka Home Minister Basavaraj Bommai said, "It has been decided that clusters (areas having 3-4 #COVID19 cases) will be totally sealed and maximum testing will be done there. Only critical cases will be shifted to Covid hospitals. I demanded that police personnel are tested on priority."

"A lot of issues were discussed about the spike in COVID-19 cases. As far as hospitals are concerned there are two types of patients, asymptomatic and symptomatic, moderate and critical. Moderate and normal cases can be shifted to COVID centres," he added.

Bommai further added that beds in hospitals need to be reserved for corona warriors as well.

"There has to be a coordination between BBPM who brings the patient and the hospital, the moment a positive case is reported to avoid the waiting period. Even in hospitals, some beds have to be reserved for corona warriors. Community transmission is not yet there but we have to be prepared," he added.

Earlier today, Karnataka Chief Minister BS Yediyurappa had called an emergency meeting of concerned officials and departments to discuss measures to control rising COVID19 cases in Bengaluru.

As the numbers of COVID-19 cases are increasing in Bengaluru at an alarming rate, the Chief Minister opined that this can be contained only if preventive measures were implemented strictly.

He directed the officials to implement lockdown strictly in the clusters, which reported more number of cases, especially KR Market and surrounding areas such as Siddapura, VV Puram, Kalasipalya. It was decided to seal the adjoining streets, where the cases are reported.

He said that stringent action would be taken against those who violate quarantine and FIR would be filed if necessary.

Officers were directed to fix rates for treatment of COVID patients in private hospitals to make coronavirus treatment accessible to all.

Yediyurappa further instructed officials to set up fever clinics in all wards and maintain hygiene and provide other basic amenities to the people who were quarantined in social welfare hostels and other government institutions.

"COVID-19 should be contained without affecting the economic activities in Bengaluru, which resumed recently," he said.

"COVID War Room shall have real-time information on the availability of beds in various COVID hospitals and shall facilitate the infected person to avail treatment without losing any time," added Yediyurappa.

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coastaldigest.com news network
June 8,2020

Bengaluru, Jun 8: Karnataka recorded 308 new COVID-19 cases in the past 24 hours, with the majority of patients being domestic returnees, raising the state's tally to 5,760 an official said, here on Monday. "Over 308 new cases were reported from Sunday 5 pm to Monday 5 pm," said the health official.

Like everyday Maharashtra returnees accounted for 96 per cent (267 cases) of the 277 new cases. Majority infections in Karnataka nowadays are returnees, mostly from the state's northern neighbour.

A few returnees also came from Tamil Nadu, Telangana and Andhra Pradesh. There was one international returnee, a 23-year-old man from Dakshina Kannada, who came from the UAE. Only 24 new infections were contacts of earlier cases.

On Monday, cases spiked in Kalaburagi, Yadgir, Bidar, Udupi, Bengaluru Urban, Ballari and Gadag.

Among the new cases, Kalaburagi contributed (99), followed by Yadgir (66), Bidar (48), Udupi (45), Bengaluru Urban (18), Ballari (8), Gadag (6), Shivamogga and Dharwad (4 each), Hassan and Dakshina Kannada (3 each), Bagalkote (2) and Koppal and Ramnagar (1 each). Four patients are suffering from Influenza-Like Illness (ILI).

Meanwhile, record 387 patients got discharged in the past 24 hours. On Monday, three persons - A 67-year-old man, a 48-year-old woman and another 65-year-old woman, all from Bengaluru Urban, succumbed to coronavirus.

Of all the cases, 3,175 are active, 2,519 discharged, 64 dead and 14 in the ICU.

In the past 24 hours, Karnataka tested 8,779 people. Of this, 8,231 reports returned negative. A number of tests were lower than other days. In total, 3.93 lac samples have been tested so far, of which 3.8 lac have returned negative.

Currently, Udupi is leading the state's COVID-19 burden with 628 active cases, followed by Kalaburagi (539), Yadgir (488), Raichur (276) and Bengaluru Urban (176) among others.

Bengaluru Urban has accounted for 18 deaths, followed by Kalaburagi (7), Bidar, Vijayapura, Davangere and Dakshina Kannada (6 each) and Chikkaballapur (3 each), among others.

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