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
March 20,2020

New Delhi, Mar 20: An official of South Western Railway has been suspended for "hiding" her son, who returned from Germany and later tested positive for coronavirus.

The youth has been hiding at a railway guest house in Bengaluru, officials said on Friday.

"She (the railway official) not only failed to inform authorities about her son's return from Germany, but also endangered the lives of others by lodging him in a railway rest house near the main Bangalore railway station," railway spokesperson E Vijaya said.

The Assistant Personnel Officer (Traffic) has been suspended, Vijaya said.

The 25-year-old man, who came from Germany via Spain and was instructed to be in home quarantine after he landed at the Kempegowda International Airport in Bengaluru on March 13, later tested positive for Covid-19 on March 18.

"She virtually hid her son to protect her family but endangered all of us," a South Western Railway official said.

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News Network
March 21,2020

New Delhi, Mar 21: The Indian Railways has cancelled all train services on Sunday in view of the Janata Curfew called by prime minister Narendra Modi. All mail and express trains will stop services from 4 am to 10 pm on Sunday while all suburban train services will be reduced to a bare minimum.

Around 1,300 long-distance, mail express services will also stand cancelled in light of the curfew to bat Covid-19. These long distance trains will remain cancelled between 4 am to 10 pm on Sunday.

All passenger trains originating between the midnight of Saturday-Sunday will not be run till 10 pm, Sunday, a railway ministry official said.

However, the passenger train services already on run at 7 am on the day will be allowed to run to the destinations, a railway ministry circular to zonal railways issued on Friday said.

The Indian Railways operates around 9,000 passenger trains and 3,500 mail express services each day.

“We have sent a directive to all zonal railways, and they will get back with the total number of train services affected, by Saturday afternoon,” an official ET spoke with, said.

In his address to the nation on Thursday, the Prime Minister called for a ‘janta curfew’ between 7 am to 9 pm on Sunday, in a social-distancing drive amid the coronavirus outbreak.

Passengers alighting at enroute stations from trains already on run, and desirous of staying at the station, may be accommodated in the waiting rooms at railway stations, without overcrowding them, the circular said.

The ministry has advised zonal railways to arrange for hassle-free refund to passengers affected because of cancelled trains, while regulating train services on Sunday.

Meanwhile, to contain the spread of Covid-19, all the food plazas, jan aahar stalls have been advised to be shut until further notice by IRCTC.

The on-board catering services in mail express trains are to be closed until further advice, while static units supplying meals to prepaid trains in operation, will continue to function.

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News Network
April 24,2020

Wayanad/Thiruvananthapuram, Apr 24: Amid the strict lockdown, a school teacher travelled from Thiruvananthapuram to Muthanga in Wayanad -- a distance of about 465 km -- on her way to neighbouring Karnataka en route to Delhi following which cases have been registered against her and an excise official.

The woman, Kamna Sharma, said to be working in Kendriya Vidyalaya, Pattom, undertook the journey on April 21 along with her two year-old daughter, police sources told news agency PTI.

An Excise Circle Inspector, Shahjahan, had provided his vehicle to travel allegedly on the instructions of Malappuram excise officer, in whose private vehicle, the woman and the child had reached Wayanad border from Thiruvananthapuram, the sources said.

The two were charged under the Kerala Epidemic Act and various sections of the IPC including sect 269 (negligent act likely to spread infection) and 271 (disobedience to quarantine rule).

Because of the lockdown even inter-district travel is not allowed by police and district administration, unless there is an extremely genuine reason.

A senior police official in Thiruvananthapuram said he does not remember issuing any such pass.

The woman may have "misused" government machinery as private vehicles would have been stopped somewhere during the long journey, he said.

She came to Kalpetta in Wayanad allegedly in an official car of the excise department.

Wayanad District police chief R Elango said that an FIR has been filed based on preliminary information and investigations have begun.

"We will check if she has followed procedures in obtaining a pass and if she made any false claim to get the pass."

As per preliminary information the woman came in an excise official's car from Thamarassery (Kozhikode) to Muthunga(Wayanad), he said. Her mode of transport before that--from Thiruvananthapuram to Wayanad--will also be investigated, he said, adding they have no information if she has reached Delhi.

"We will track down her movement," he said Meanwhile, theWayanad district administration has intensified the lockdown protocol from Thursday to prevent people's movement within and from outside the district/state.

Interception at all the check posts on district an state borders of the district, bordering Tamil Nadu and Karnataka, will also be intensified. No one would be allowed to travel frequently to and fro the district under the pretext of official duty.

Wayanad collector Adhila Abdulla said officials from outside the district will no longer be allowed to commute daily.

"Elderly people above the age of 65 should confine to their homes unless it is extremely urgent or unavoidable. Cases will be registered against family members who allow elderly people to go out for buying medicines and other essentials," she said.

Senior citizens, who live alone, can call either the Fire (101) or Police (100) departments for any help and to get things they need, the collector said.

Whatever relaxations were in place have also been withdrawn with effect from Thursday, she added.

Wayanad and Thiruvananthapuram come under the "Orange B" zone where there are some relaxations.

However, Thiruvananthapuram city limits falls under the hotspot area.

Police said a case was also registered against a doctor and her husband who entered Kerala from Tamil Nadu border.

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