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
July 2,2020

Bengaluru, Jul 2: Karnataka government has issued a show-cause notice to 18 private hospitals for refusing to admit a 52-year-old patient with influenza-like illness (ILI) symptoms, who later died.

According to the notice dated on June 30, a 52-years patient named Bhawarlal Sujani died after he was denied admission by 18 private hospitals.

The patient was taken to these hospitals on Saturday and Sunday for admission on observing some ILI like symptoms. But none of these hospitals admitted in on the pretext of unavailability of bed/ventilators, read the notice.

This is a clear violation of providing medical assistance and admission necessitated under the agreed provision of KPME Registration. They should strictly adhere to the provisions under Sections 11 & 11 A of KPME Act 2017. Private Medical Establishments cannot deny/ refuse/ avoid treatment to patients with Covid-19 and Covid-19 like symptoms, the state Health Department said.

By denying the admission to the deceased patient, your hospitals have violated the provisions of the above-said act. You are liable for legal action in this regard, as per the notice.

The state Health department asked the hospitals to reply as to why action should not be initiated under the relevant Acts. 

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coastaldigest.com web desk
July 25,2020

Chennai, July 25: A widow living alone in her apartment in Chennai city suburbs has filed a police complaint against ABVP national president Dr Subbiah Shanmugam, accusing him of harassment, including urinating and throwing used surgical masks at her doorstep.

Shockingly, no action has been taken so far by the police, even though the complaint against Dr Shanmugam, who is in government service, was filed on July 11 at the Adambakkam Police Station here by the widow’s relative Balaji Vijayaraghavan. 

Dr Shanmugam and the 62-year-old widow were living in the same apartment complex in Nanganallur and an argument broke between them over a parking slot. “He wanted to use our parking lot. We agreed but demanded a nominal charge for using it. He was outraged by our demand and even broke our signboard at the parking lot,” Vijayaraghavan wrote in his complaint.

He also alleged that Dr Shanmugam began harassing her by throwing “pieces of chicken” outside her apartment despite knowing she is a vegetarian. Vijayaraghavan also alleged in his two-page written complaint that the ABVP National President had urinated outside the woman’s apartment gate and had been throwing garbage and used masks at her gate.

The 62-year-old woman has been living alone in her apartment for the last year following her husband’s death. In his complaint, Vijayaraghavan also said the family was “concerned about her safety”, while asking police to take action against Dr Shanmugam, who he says, “has a bad track record in maintaining rapport with neighbours.”

CCTV footage corroborates with the allegations of urinating outside the residence of the widow. However, the ABVP claimed the incident as a “malicious and derogatory propaganda” by the Congress’ student wing of NSUI.

Also Read: Finally FIR registered against ABVP national president for allegedly harassing widow

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coastaldigest.com news network
May 20,2020

Mangaluru, May 20: The local unit of Bharatiya Janata Party has defended the delay in repatriation of coastal Kannadigas from Middle Eastern countries saying that it is impossible to bring all expatriate together at a time when covid-19 cases are continuing to spike in the region. 

Addressing a press conference, Sudarshan M, president of Dakshina Kannada unit of BJP said that the entire district administration was working as a team under the leadership local MP Nalin Kumar Kateel and district minister Kota Shrinivas Poojary and seven BJP MLAs in this critical juncture.

“Without any bias, we also have reached out to the needs of people of Mangaluru assembly constituency represented by former minister and Congress MLA U T Khader,” he said, adding that his party will not forget Indian expatriates in the Gulf too. 

Replying to the charge of not catering to the interests of Kannadigas stranded in the Middle East by way of arranging special flights, Sudarshan said this is part of a well-thought-out move to bring them in batches.

“It is impossible to bring back all Kannadigas stranded in Middle East all of a sudden. Their repatriation will be in phased manner based on facilities available in the district,” he said.

“The district authorities have created healthcare and quarantine facilities for a limited number, be it at Covid-19 hospital or institutional quarantine, and bringing them together will create logistical problems,” he said.

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