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.

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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
February 11,2020

Bengaluru, Feb 11: A 36-year-old woman who fought back after being stabbed eight times by a helmet-clad intruder succumbed to injuries at a hospital.

Susheela was in shock after she pulled off the attacker’s helmet as it was her own brother-in-law. Before breathing her last, she explained the sequence of events to the police.

She said her brother-in-law attacked her because he was eyeing their ancestral property worth over Rs 10 crore. “Susheela put up a stiff resistance and identified her assailant. But the stab injuries proved to be fatal,” said a police officer. Based on her statement, Ananth Kumar, 42, was arrested on murder charges.

The attack occurred on February 7 at Honaganahatti village in Tavarekere, off Magadi Road. Susheela, whose husband Gangaraju died in a road accident 12 years ago, was living with her 14-year-old daughter and 75-year-old mother, Rudramma.

On Friday, her daughter had gone to school and Rudramma was sitting outside the house when a man walked in wearing a full-faced helmet and attacked Susheela with a knife. She defended herself with a stick used for making ragi balls and by throwing chilli powder at his face. But the attacker stabbed her on the hand, neck and head. He fled when Susheela identified him and raised an alarm. Neighbours rushed her to a hospital.

During questioning, Kumar reportedly confessed to the crime, saying he wanted to get rid of her as she was not agreeing to sell five acres of their ancestral property.

Susheela’s nephew Kiran G said: “The family owned six acres. Kumar sold one acre for Rs 50 lakh a few years ago after convincing Susheela. He, however, paid her only Rs 5 lakh. Lately, he was pestering Susheela to sell the remaining land as buyers were ready to pay Rs 2.5 crore per acre. But she was hesitating as she had been cheated by him earlier.”

Police are now examining the circumstances under which Gangaraju was killed. “We learnt the driver who had been arrested in connection with Gangaraju’s accident is currently working with Kumar,” said an officer.

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News Network
May 2,2020

Mangaluru, May 2:  Karnataka Pradesh Congress Committee Spokesperson P V Mohan on Saturday urged the district administration to find the source of coronavirus in Dakshina Kannada (DK) district.

He asked the district administration to ascertain from where a woman from Bantwal's Kasba contracted virus on April 19.

''We do not want to convert Dakshina Kannada into Nanjangud,'' Mr Mohan said referring to the mysterious case of Patient 52 from Nanjangud who has been identified as the main source of virus to the rest of the positive individuals in Nanjangud.

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News Network
February 3,2020

Bengaluru, Feb 3: A wave of dissatisfaction has hit the six-month-old BJP government against the backdrop of chief minister B S Yediyurappa's announcement to induct 13 aspirants in the second cabinet expansion on February 6.

In the first cabinet expansion, the chief minister had inducted 17 ministers on August 20, 2019.

Among the 13, ten will be those defectors from Congress and the JD(S) who were disqualified earlier and won the assembly by-election in December last year.

The rest will be the 'native BJP leaders', as deputy chief minister Govind Karjol put it.

Speculations are rife that Mahadevapura MLA Arvind Limbavali, Hukkeri MLA Umesh Katti and C P Yogeshwar, who had lost to H D Kumaraswamy from Channapatna assembly segment,would be inducted.

If Yogeshwar is included in the cabinet then he will bethe second minister after Deputy chief minister Laxman Savadi who had lost and yet made it to the cabinet.

The possible induction of Yogeshwar and Savadi, who was made deputy chief minister despite losing the assembly elections, are also a "reason" for discontent in the BJP.

Hectic activities began in the power corridor and MLAs started forming groups to impress upon the chief minister to include their members in the ministry.

While one group was from the "Kalyana Karnataka" region, the others were the defectors who will be excluded in the cabinet expansion.

A few MLAS from 'Kalyana Karnataka' region or erstwhile Hyderabad-Karnataka region comprising six districts, met at the Legislature Home and held a meeting.

The meeting was led by Shorapur MLA Narasimha Nayak akaRaju Gouda and Honnalli MLA M P Renukacharya.
The MLAs of the Kalyana Karnataka region were unanimous that their backward region should get representation in the cabinet.

Later, Gouda met the Chief Minister and requested that their region be given adequate representation in the cabinet, which is lacking development.

Talking to reporters, Gouda said, "We had given representations to all the MPs, MLAs and the chief minister. Today also we all had a meeting and later called on the Chief Minister requesting him to make any MLA from our region a minister."

He said any imbalance in cabinet expansion will cause trouble to the MLAs from Kalyana Karnataka region.

"If you make the defeated candidates ministers then include 120 people in the cabinet," an aggrieved Gouda taunted.

Renukacharya too echoed the same sentiments.

"If you give preference to the defeated candidates then what will happen to those who won the election? Where should the winners of election go? We emphasise upon giving preference to the winners."

On the other hand, the defectors who jumped the Congress and the JD(S) ship and helped form the BJP government too had a meeting in Bengaluru, said BJP sources.

They were unanimous that not only the 11 MLAs who won theelection be made ministers but also A H Vishwanath and M T BNagaraj who had unsuccessfully contested the assembly by- polls from Hunasuru and Hoskote on a BJP ticket.

Vishwanath, who was quite vocal on Sunday for dropping his name, was mellowed down on Monday after meeting Yediyurappa.

However, his insistence for getting a cabinet berth remained intact.

"I did not make any proposal before him and will not do it in future because he (Yediyurappa) knows what has to be done,"Vishwanath told reporters after meeting the chief minister.

When he was reminded of Yediyurappa's statement that therewere legal complications in making him a minister, Vishwanath said, "This government has legal experts and the advocate general. They will speak."

Amid speculations that Athani MLA Mahesh Kumathalli may not get a cabinet berth in the reshuffle, the defected MLAs led by Gokak BJP MLA Ramesh Jarkiholi, had a meeting to decide their future strategy, said party sources.

Currently, there are 18 ministers, including the chief minister, in the cabinet, which has a sanctioned strength of 34. Sixteen berths are vacant.

The cabinet expansion exercise will be a delicate task for Yediyurappa as he has to ensure adequate representation for various castes and regions.

The ministry already has eight Lingayats, including Yediyurappa; three Vokkaligas; a Brahmin; three SCs, two OBCs and one ST.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in the cabinet expansion, alleging he is weak and his administration has collapsed.

Reacting to the cabinet expansion, former chief minister Siddaramaiah quipped, "A drama is taking place. Let it happen on February 6. Afterwards we will see what all happens."

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