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
June 10,2020

Bengaluru, Jun 10: Janata Dal-Secular (JD-S) supremo and former Prime Minister H.D. Deve Gowda said on Tuesday that he filed his nomination for the June 19 Rajya Sabha elections from Karnataka in response to a collective call from national leaders to be back in the Parliament.

"Though I was not personally interested to contest, national leaders from Congress President Sonia Gandhi, National Conference President Farooq Abdullah, TMC and Left parties want me back in Parliament," he told reporters here.

Gowda, 87, filed his nomination in the Vidhana Soudha, submitting the papers to Assembly Secretary and Returning Officer M.K. Vishalakshi, a party official told IANS.

Gowda''s second son and former minister H.D. Revanna and third son and former Chief Minister H.D. Kumaraswamy were present on the occasion.

"Our party''s all 34 legislators also urged me to contest as my presence is necessary in Parliament at a time when the country was grappling with multiple crises in the aftermath of coronavirus," said Gowda.

Claiming that there was no pressure from his two sons as they are more concerned with his health, Gowda said he was touched by the requests of the national leaders, especially Gandhi who personally called him and asked him to contest as the country needed his presence in Parliament.

Gowda agreed to contest in the bypoll as his party''s candidate after the Congress state unit assured him of its support with its surplus votes, as the JD-S with 34 legislators is short of 10 votes of the required 44 votes.

It will be second time Gowda will enter the Rajya Sabha, 24 years after he was its member as the Prime Minster from June 1996 to April 1997 of the United Front government.

"Congress General Secretary K.C. Venugopal informed Kumaraswamy on June 6 that the party was fielding only its senior leader Mallikarjun Kharge from Karnataka and had surplus votes to ensure my victory as our party is 10 votes short of the required 44 votes to win," Gowda said.

Kharge filed his nomination on Monday.

Party''s outgoing member Kupendra Reddy, whose 6-year term ends on June 25, told Gowda that he was not interested for a second term as he did not get enough time in the upper house to raise issues.

"As our party does not have numbers in Parliament to get more time allotted to raise issues and participate in debates, Reddy wanted me to be in the Rajya Sabha in his place so that I could serve the nation better," Gowda said.

Gowda lost in the May 2019 general elections from Tumkur to G.S. Basvaraj of the BJP.

With the term of the four members -- Congress'' B.K. Hariprasad and Rajeev Gowda, BJP''s Prabhakar Kore and JD-S''s Reddy ending on June 25, the Election Commission notified the poll on June 1.

According to the poll panel, the nominations will be scrutinised on Wednesday and last date for withdrawal by candidates is June 12. Polling and vote count is on June 19.

From the ruling BJP, its grassroot cadres Eranna Kadadi and Ashok Gasti filed their nominations after Gowda.

By fielding Gowda for the fourth seat, the Congress and JD-S, who had post-poll and pre-poll alliances for the Lok Sabha and state Assembly elections in May 2019 and May 2018, queered the pitch for the BJP, denying it the chance to win a third seat.

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News Network
January 19,2020

Mysuru, Jan 19: The 'City of Palaces', for the first time in history, got a Muslim woman as its first citizen, on Saturday.

Tasneem, a JD(S) Corporator, is elected as the 22nd Mayor of Mysuru. The 34-year-old Tasneem is a second-time corporator, representing Ward number, 26. She defeated BJP candidate Geetha Yogananda, representing Ward no 65 of Srirampura, by a margin of 24 votes. Out of 70 members, who were present during the election, 47 voted for Tasneem, 23 for Geetha Yogananda.

Tasneem thanking the party leaders said the JD(S) gave her an opportunity to serve the city and its people. JD(S) gives more priority for minorities. The party facilitated the first Muslim Mayor, Arif Hussian, in 1996. Later, Congress corporator Ayub Khan served as mayor in 2008.

Women from different communities had served as mayor of the city, but, Tasneem is the first Muslim woman to be elected as Mayor of Mysuru.

Tasneem, a BA Graduate from Maharani's College, was proud for being the first citizen and thanked party supremo H D Deve Gowda, leaders H D Kumaraswamy, MLAs Sa Ra Mahesh, G T Devegowda, K S Rangappa, and her colleagues in the Mysuru City Corporation. Tasneem extended her gratitude to her voters, who voted her for the second time.  

'Mysuru is known for cleanliness. Thus, my first priority is to maintain cleanliness and I will work towards retaining the 'Clean city' tag. The city is facing issues related to street lights among others for many days. I will make prompt attempts to resolve them,' she said.

JD(S) city president K T Cheluvegowda said the party nominated Tasneem for mayor's post as per the suggestion from the party supremo H D Deve Gowda and other leaders. There were other aspirants, but, they were convinced and nominated Tasneem, he said.

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News Network
May 17,2020

Bengaluru, May 17: A group of 86 college students, who went to Malaysia for internship and have been stranded due to lockdown, have appealed to Karnataka Chief Minister B S Yediyurappa to help them return to Karnataka.

The students in the video have also mentioned Union Minister D V Sadananda Gowda and Kolar MP S Muniswamy and stated that States such as Kerala and Tamil Nadu have made arrangements to bring back their natives from South East Asia.

The students added that they are in the Selangor State of Malaysia. They had arrived there on March 13 for a three-month-long internship as part of their college studies. They are living in apartments arranged by their college and money with them is almost spent, their college is extending them support in this regard. They are not in a position to complete the remaining two months of internship due to lock-down in Malaysia.

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