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 news network
July 13,2020

Mangaluru, July 13: Nalin Kumar Kateel, MP of Dakshina Kannada, has appealed the chief minister to give nod to impose a week-long lockdown in the coastal district in the wake of mounting coronavirus cases.

Mr Kateel, who is also the president of Karnataka BJP, participated in a video conference with chief minister BS Yediyurappa along with Deputy Commissioner Sindhu B Rupesh and district in charge minister Kota Srinivas Poojary.

The final decision about the lockdown in the district will be taken following a meeting under the leadership of the deputy commissioner, wherein the elected representatives of the district will express their opinions.

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News Network
February 6,2020

Kalaburagi, Feb 6: The State government will take steps to ensure that Kannada as a language is taught in all private schools, Chief Minister B.S. Yediyurappa announced today at the 85th Akhila Bharata Kannada Sahitya Sammelana in Kalaburagi.

This comes in the wake of the demand by some Kannada activists for making Kannada medium compulsory in all schools in the State. Sammelana president H.S. Venkatesh Murthy, who spoke after the Chief Minister, also made this demand.

The Chief Minister said “We are committed to putting in place a series of steps to see that Kannada is taught in all schools, aided and private, as a language. Kannada should be taught as the first or second language. We will also take steps to strengthen government schools. However, the government alone cannot do much. The community and parents should offer support to make sure that government schools provide quality education to all.”

To inculcate the spirit of scientific inquiry, the State government is setting up mobile planetariums. This will increase the interest of children in space technology and India’s efforts in space exploration.

The government is committed to protecting the interests of the State in Mahadayi and other river water disputes. It will take the border row issue, based on the Mahajan Commission report pending in the Supreme Court, to its logical end.

The government will also address backwardness and related issues. It will make sure that adequate funds are allocated to the development of Kalyana Karnataka. Among other things, it will establish a hostel for students from Kalaburagi region in Bengaluru. Land has been allotted in Nagarabavi for the hostel that can accommodate around 200 students. The government has decided to celebrate Kalyana Karnataka Utsav once every two years. This will showcase the culture of the region.

“We are working towards forging sentimental and emotional unity of the State other than unity based on language or administration. Our dream is to see that Karnataka remains a homogeneous unit with equality and equal opportunity for all,’’ the Chief Minister added.

Kambar bats for technology

Chandrashekar Kambar, Sahitya Akademi president and former president of the Akhila Bharata Kannada Sahitya Sammelana, favoured effective implementation of technology in administration and for universal use of Kannada in computing and e-governance.

Speaking at the Sammelana inauguration, he said “Several years ago, at the insistence of writer Poornachandra Tejaswi, I appealed to the State government to give a push to Kannada computing. We were convinced that no language can survive without the use of modern technology and use of the language in computers. The Department of Kannada and Culture, headed by then director Manu Baligar, released ₹2 crore for the project. The work began in earnest and teams of technologists came up with software and fonts. Some departments started using Kannada software. But this work has stopped or slowed down at some level. I appeal to Chief Minister B.S. Yediyurappa to continue the work and ensure that computerised Kannada is used at all levels of government and in e-governance.’’

Supports dubbing

Mr. Kambar batted for content dubbing of informative TV channels in Kannada. Channels such as Discovery and History produce good quality content that can be educative and informative. They are very useful for children. These channels are now available in Tamil, Telugu and Hindi and some other Indian languages. But they are not available in Kannada. That is because some people in the film industry are opposing dubbing. Such opposition is not good. Informative channels are our window to the world and allowing dubbing will enhance our knowledge base. There is no merit in not allowing dubbing. I appeal to C.T. Ravi, Minister for Kannada and Culture, to allow dubbing in Kannada, he said.

Mr. Kambar favoured primary education in the mother tongue of the child and urged the State government to introduce universal and compulsory education in Kannada medium in all schools. “This will help preserve our culture. Nothing else can,’’ he said.

He blamed the East India Company administration for inculcating a craze for English education among the people. “The introduction of English education by the British was strongly welcomed by the masses in India as they had been denied the opportunity for education for millenia. The deprived classes and Dalits who had not been exposed to education till then, were excited about the opportunity. However, along with English education, the British were successful in introducing inferiority in our minds. We are yet to escape from this inferiority complex.”

Quoting from Greek mythology, Mr. Kambar said that Hercules had killed his children and relatives in a fit of alcohol-induced rage. “We should not behave like that. We may be very strong, but we should not kill our mother tongue, in our power-induced rage,’’ he said.

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News Network
July 5,2020

Bengaluru, Jul 6: With a record 1,925 new cases across the state during the last 24 hours, Karnataka's Covid-19 tally rose to 23,474 including 13,251 active after 9,847 were discharged till date, an official said on Sunday.

"Of the total cases across the state on a single day, Bengaluru accounted for 1,235, taking its positive tally to 9,580, including 8,167 active," said the health official in a statement.

With 37 succumbing to the disease in the state, including 16 from Bengaluru, the state's death toll increased to 372, with 145 from this tech city since March 9.

Of the 603 discharged from across the state during the day, 302 were from Bengaluru, taking its total number of cured to 1,267 so far.

Of the 243 cases in the intensive care unit (ICU) across the state, 132 are in Bengaluru, 15 at Dharwad, 12 at Kalaburagi and 10 each at Ballari and Raichur.

Of the 16,899 samples tested in the day, 14,649 were negative and 1,925 positive. Of the total 7,06,425 samples tested so far, 6,65,525 were negative and 23,474 positive.

After Bengaluru, Dakshina Kannada reported 142 positive cases followed by Ballari 90, Vijayapura 57, Kalaburagi 49 and Udupi and Dharwad 45 each.

Of the total 603 discharged, 52 were from Kalaburagi, 37 from Ballari, 36 from Dakshina Kannada and 22 each from Udupi and Dharwad.

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