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
February 10,2020

Bengaluru, Feb 10: After many twists and turns, veteran Congress leader Mallikarjuna Kharge is emerging as the frontrunner for the KPCC president’s post, party sources revealed.

Though the names of DK Shivakumar and MB Patil did the rounds sometime ago, the party high command could not decide on an apt candidate, and had to widen its horizon looking for a leader who can take all factions along, and they seem to have zeroed in on Kharge.

But the senior Dalit leader is also in the reckoning for the more important All-India Congress Committee president’s post after he successfully stitched up an alliance, despite all odds, between the Congress and Shiv Sena in Maharashtra. He is understandably reluctant to take up the KPCC post. “The central leadership has given him some time to consider the KPCC offer,” the sources said.

The high command would rather go with Kharge as he is politically a far bigger force than Shivakumar and M B Patil and the party central leadership wants a safe pair of hands to handle the affairs of the state, the sources said. Also, senior leaders Siddaramaiah, Shivakumar and M B Patil cannot raise a voice against Kharge if he is elected to the post, they said.

Kharge was the Pradesh Congress chief in 2008 when the BJP was in power under B S Yediyurappa. An old warhorse, Kharge is seen as an able administrator and taskmaster. He had won a record 11 elections on the trot before he was defeated in the Kalaburgi Parliamentary Constituency by his former protege Dr Umesh Jadhav in the last election.

Sources said that the high command will not consider Shivakumar for the top slot till he comes out clean in all the legal cases against him.

It is exactly two months since Dinesh Gundurao resigned as KPCC president after the party managed to win just two out of the 15 Assembly constituencies that went for by-elections. Siddarmaiah too resigned on the same day owning moral responsibility for the loss, but the party has decided to continue with him as the assembly opposition leader, while looking for a replacement for Gundurao. 

The high command sent senior central leaders  Madhusudhan Mistry and Bhakta Charan Das on December 20 to sort out the issue of KPCC president. Though they met the state leaders and held high-level meetings in Delhi, they could not decide on a candidate. Meanwhile, the central leadership has asked Gundurao to continue in the post, till a replacement is found.

‘Congress will protest against scrapping reservation’

Bengaluru: “RSS-BJP is against reservation and have been trying to scrap it for sometime now,’’ said senior Congress leader Mallikarjun Kharge on Sunday. He stated that the Congress would take up the issue for a determined agitation both inside and outside the parliament. He said they must file a petition against this. His reaction comes after the SC recently took a decision where the top court had maintained that reservation in promotions was not a fundamental right.

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News Network
February 10,2020

Shivamogga/Hubballi, Feb 10: Chief minister BS Yediyurappa on Sunday reiterated portfolios for all new ministers will be distributed on Monday and the exercise was not completed sooner only because of weekend holidays.

“I had completed all the formalities on the portfolio allocation,” Yediyurappa said, appearing to rubbish rumours that the delay was caused due to a tussle over portfolios. “However, considering it was a weekend, I decided to postpone handing them out. On Monday all portfolios will be announced.”

The CM also promised to induct loyalists into his council of ministers, admitting Umesh Katti, Hukkeri legislator, should not have been left out. Speaking in Shivamogga earlier in the day, Yediyurappa said Katti was scheduled to take oath last week along with the 10 defectors, but the decision was scrapped at the last minute due to “unavoidable reasons”. “But I have discussed the issue with Katti. Considering he is from North Karnataka and that we have worked together for many years, he will be included in the cabinet soon,” Yediyurappa said.

When questioned on more prominent legislators from his home district missing out — especially Thirthalli Arag Jnanendra — he said a “different responsibility” has been given to him and has already explained why he could not be inducted.

Yediyurappa refused to react to comments by former chief ministers Siddaramaiah and HD Kumaraswamy on government’s survival, saying he would rather concentrate on the state’s development. “It is common for the opposition to criticize the government, but I’m busy preparing for the budget, which will be presented on March 5. I am concentrating on my work,” he said.

In Davangere, Yediyurappa said he is committed to increasing internal reservation for the Valmiki community under the ST quota from 3% to 7.5%, apart from considering a separate department for the community to address their issues. Speaking at a Valimik community event, Yediyurappa said Justice Nagamohan Das has been asked to submit his report at the earliest to bring in reservation.

In Mysuru, chief minister Yediyurappa’s son and BJP Yuva Morcha general secretary BY Vijayendra on Sunday said the district will get representation in his father’s cabinet soon, pointing to the six existing vacancies. He said former minister AH Vishwanath will be made a minister as Yediyurappa is known for delivering on his promises. Speaking to reporters, he said his father has expanded his council of ministers, ensuring there were no complaints and he will include more legislators given that there are six more vacancies.

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