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 .

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 17,2020

New Delhi, Jan 17: The Supreme Court on Friday closed the monitoring of the killing of rationalist M M Kalburgi in 2015 in Dharwad.

A bench of Justices R F Nariman and S Ravindra Bhat noted that the charge sheet has already been filed and the matter was assigned to the sessions court. The court, however, noted two accused had absconded and could not be arrested till date, according to reports.

Senior advocate Devadatt Kamat, appearing for the Karnataka government, submitted that the High Court had also stopped monitoring of the matter.

The top court had in early last year directed that the Karnataka High Court's Dharwad bench to monitor the probe. The Karnataka police SIT, which investigated Gauri Lankesh case and filed the charge sheet, was allowed to take over the Kalburgi case.

Umadevi, in her 2017 plea, drew a parallel between Kalburgi's murder and killings of Narendra Dabholkar and Comrade Govind Pansare in Maharashtra and sought an SIT probe by a retired Supreme Court or a High Court judge. She urged the top court to monitor the probe till it reached its logical conclusion as there was no progress in the investigation conducted so far by the Karnataka police.

The court had earlier sought to know if there was a "common thread" in murder cases of Communist leader Pansare and rationalist Dabholkar in Maharashtra, and Kannada writer Kalburgi and journalist-activist Gauri Lankesh in Karnataka.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 14,2020

Bengaluru, Jul 14: The Karnataka government on Tuesday made changes to the Land Reforms Act 1961 through an ordinance to allow non-agriculturists to buy and own farmland for farming.

“The Land Reforms Act has been amended through an ordinance and notified after Governor Vajubhai R Vala gave his assent to it on Monday night,” a Revenue Department official told media persons.

It now permits non-farmers to buy farmland and grow food crops. But they can’t use it for other activities.

“Sections 79 A, B and C of the Act have been repealed, paving way for bona fide citizens to invest in farmland and take to farming as a hobby, passion or additional occupation, which is rewarding,” the official said.

The amended Act will enable the state to attract investment in the farm sector and boost food output. The farm sector’s contribution to the state’s gross domestic product (GDP) has been less than the manufacturing and services sectors over the last two decades.

Criticism by farmers, the Congress and the JD(S) since the cabinet approved changes on June 11 forced the state government to retain section 80 of the Act, with an amendment, to prevent sale of dam water irrigated farmland.

“The ordinance has also added a new section (80A), which says relaxations under the Act will not apply to land given to farmers under the Karnataka SC and ST (Scheduled Caste and Tribe) Act 1978,” the official said.

The changes permit mortgage of farmland only to the state-run institutions, firms and cooperative societies specified in the Act. The ordinance also makes legal cases pending in courts against the sections amended redundant as the new Act addresses the concerns raised in them.

“Besides generating substantial revenue for the state government, the Act will now allow farmers who find the occupation non-remunerative and risky due to droughts/floods and labour shortage to sell their surplus land to urban buyers,” the official said.

Ruling BJP Rajya Sabha member KC Ramamurthy from Bengaluru said the amended Act would allow any citizen to buy farmland.

“Though hundreds of people petitioned successive governments for the past 45 years to abolish the ‘draconian’ sections, they were ignored. I compliment Chief Minister BS Yediyurappa and Revenue Minister R Ashoka for the decision to allow everyone to buy farmland irrespective of their occupation or profession,” Ramamurthy told media persons.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 7,2020

Bengaluru, Apr 7: Leader of Opposition in Karnataka Siddaramaiah on Monday urged Chief Minister B S Yediyurappa to announce a special package to help farmers, agriculture labourers and also working class in various sectors who are affected by the lockdown.

Mr Siddaramaiah put forth his demands during a telephonic conversation and the Chief Minister positively responding to it informed that he will formulate a programme keeping in mind the suggestions made by the Opposition, a statement from the LoP's office said.

It said, the Chief Minister also spoke to Mr Siddaramaiah regarding the government's decision to stop supply of free food for poor and needy through Indira Canteens.

Mr Siddaramaiah on Saturday had written to Yediyurappa urging him to utilise Indira Canteens efficiently and provide food for poor and needy until the coronavirus crisis and lockdown is over.

The former Chief Minister's letter had come a day after the state government had decided not to provide free food at Indira Canteens as concerns were raised about the quality and misuse that was happening.

It had, however, decided to continue to provide subsidised food- breakfast at Rs 5 and lunch and dinner at Rs 10, as usual.

Mr Yediyurappa during the phone conversation on Monday appraised Siddaramaiah that the decision to supply food by fixing a price was taken to stop misuse that was happening.

Mr Siddaramaiah, however, insisted the government should provide food free of cost to the poor and needy, by taking care that misuse doesn't happen.

The senior Congress leader asked the Chief Minister to take action against errant officials who allowed misuse to happen, the statement said, adding that Yediyurappa has promised to look into it.

Initially, the government last month had decided that the state subsidised Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.