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
January 7,2020

Bengaluru, Jan 7: The Central Crime Branch (CCB) sleuths held an international bookie in connection with the Karnataka Premier League (KPL) betting scam and spot-fixing racket, police said on Tuesday.

The bookie was identified as Jitin Sait (32), a native of Sonipat in Haryana.

'We had obtained and issued a Look Out Circular (LOC) against Sait, and on Sunday, he was caught after he landed at the Kempegowda International Airport from the Netherlands.

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News Network
January 19,2020

Davanagere, Jan 19: Seven people, including four women, were arrested for allegedly selling a 13-month-old female baby here on Saturday.

Police said that the baby was sold to a couple who had no child. The couple hailed from Ranebennur town in Haveri District of Karnataka. They sold the baby, which was their fourth child.

The arrested were identified as Kavita (26) and her husband Manjunath (couple who sold the baby), Dakshayani (34) and her husband Ravi (49) of Ranebennur, Haveri District (the couple who purchased the baby, Chitramma (44) Nurse, Kamalamma (45) and Karibasappa, who acted as middlemen for the deal.

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News Network
April 13,2020

Mangaluru, Apr 13: City Commissioner of police P S Harsha on Monday warned people, not to use drones illegally for filming or any other purposes.

Speaking with this regard Harsha said on Monday ,''“We have noticed that persons are illegally using drones to film Mangaluru city. If this continues, we will not only seize the drone but will also take firm legal action against the person responsible. Because Mangaluru is a sensitive place with lots of vital installations.''

He further requested the media houses also not to hire drone services for filming or any other purposes.

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