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
April 25,2020

Mandya, Apr 25: An FIR was registered against JD(S) MLC KT Srikante Gowda, his son, and three others for protesting against coronavirus testing of journalists in Karnataka's Mandya city on Saturday.

According to the police, JD(S) MLC KT Srikante Gowda, his son Krishik Gowda, Chandrakala Aythu, Jagadish, and Raju have been named as accused in the FIR filed at Mandya West police station.

The FIR has been registered under several sections of the Indian Penal Code (IPC) and Disaster Management Act including unlawful assembly, rioting, wrongful restraint, voluntarily causing hurt, negligent act likely to spread infection of a deadly disease, etc.

Gowda, along with a group of locals, had created a ruckus objecting to the coronavirus testing of journalists at Ambedkar Bhawan in Mandya here earlier today.

Police said that a journalists' association had filed a written complaint seeking the registration of an FIR in the matter.

As per an order by the state health department, medical professionals were conducting health tests of journalists at Ambedkar Bhawan in Mandya when Gowda along with some locals started protesting, officials said.

Further actions are being taken, police said.

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News Network
June 15,2020

Bengaluru, Jun 15: As the central government has not allowed reopening of gyms in the country amid COVID-19 pandemic, many gymnasiums in Bengaluru are on the verge of closing or sale.

Rakshith Gowda, a gym owner and secretary of gym owners association told ANI that they are not even able to pay rent of the premises which is Rs 60,000 to 1 lakh per month.

"The condition of the owners of the gym have worsened. We have to pay a minimum of Rs 60,000 - 100,000 rent of the building and for past 4 months we couldn't pay the rent, salary to trainers and cleaners, EMI," Gowda said.

"I urge the government to take necessary steps to bring up the gym sector as they have allowed opening up of shops, temples, malls. We urge the government to take proper steps in the interest of gyms," added Gowda.

Mahesh, a gymer said that he had to participate in a competition and due to lockdown he could not work on his bodybuilding.

"I was building my body for one year and due to lockdown I couldn't do the workout, I had to take part in a competition, now I need at least another one year to build my body back," Mahesh said.

Prasad, international bodybuilder said, "Most of the bodybuilders and gym owners are running gyms by taking loans, they are not in the situation to pay their loan EMIs."

"It's very important for us to reopen gyms and run them with all precautions and guidelines but the government is not allowing us to pay our loans and many gym owners and trainers are facing a tough time to earn living. We have requested Deputy Chief Minister Govind Karjol and cabinet ministers to allow us to open, but the government hasn't taken the decision in the interest of gyms which is creating more problems for us," Prasad said.

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News Network
May 7,2020

Bengaluru, May 7: Karnataka has revised its standard operating procedure (SOP) for international passengers. The first group of passengers will arrive in the state on May 8.

The number of categories has been reduced to two from three. Category A includes passengers symptomatic on arrival while Category B passengers are those asymptomatic on arrival. These are passengers who are either healthy or those having co-morbidities.

As per the revised SOP, the passenger will be released on the seventh day, if tested negative, to strict home quarantine for another seven days with stamping.

This norm is in contradiction to the Ministry of Home Affairs’ SOP for international passengers. As per the MHA’s SOP, the passengers (asymptomatic) will be under institutional quarantine for 14 days. Testing negative after 14 days, they will be allowed to go home and will undertake self-monitoring of their health for 14 more days.

On the contradiction, Pandey said, "We don't take chances as we rely on tests instead of just quarantining. Other states may be depending on just 14-day institutional quarantine."

"GOI SOP doesn't talk about Covid tests on international passengers. We have put an additional safety layer of three Covid tests on returnees -- one on arrival, second from 5-7 days and last on 12th day. This will ensure definite identification of positive cases even if they are asymptomatic and their subsequent treatment. We should look at the spirit behind the order," he added.

On the 14-day additional reporting period for category B, he said, "It is implied as category B patients should report to us for 14 days after their first 14-day quarantine period is over."

Medical Education Minister Dr K Sudhakar said that the State would follow the Centre’s norms.

Till Tuesday, Karnataka’s SOP had three categories. Under Category A (symptomatic), 14-day institutional quarantine at COVID-19 Health Care Centre was mandatory followed by 14-day reporting period. Under Category B (asymptomatic above 60 years with co-morbidities), seven-day institutional quarantine at hotel/hostel followed by seven-day home quarantine and 14-day reporting period had been recommended. The 14-day home quarantine and 14-day reporting period was mandatory for Category C (asymptomatic).

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