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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coastaldigest.com web desk
June 8,2020

New Delhi, Jun 8: Two civil defence employees have been arrested by the Rajasthan Police today in Jaipur based on Military Intelligence (MI) inputs that they had been passing on sensitive information to Pakistan's spy agency ISI.

The arrested are: Vikas Kumar (29), a civil defence employee at an army ammunition depot near Shri Ganganagar (Rajasthan) and Chiman Lal (22), a civil contractual employee of the army's Mahajan Field Firing Range (MFFR), Bikaner. 

Both were working as espionage agents on behalf of Pakistan's intelligence agency and were giving out details of Ammunition and MFFR, vital military installations in India's Western front. 

The MI Lucknow's operation named Desert Chase assumes great importance as the Shri Ganganagar Ammunition Depot and Bikaner MMFR are strategically important military installations on the western front along the Pakistan border.

The work on the "operation" began in August 2019, when the MI Lucknow, through its sleuths, learnt about an espionage agent near Sri Ganganagar who was passing military information to his handlers in Pakistan. The individual was identified as Vikas Kumar - the civil defence employee at an army ammunition depot near Sri Ganganagar.

The MI Lucknow shared the case with UP ATS in the month of January 2020. Vikas's activities were monitored and analysed by a joint team of MI Lucknow and UP ATS. The operation was code-named 'Desert Chase'.

Based on these, it was learnt that Vikas is acquiring photos of a "water distribution register" at a water point/pump house in MFFR through a contractual civil employee named Chiman Lal. The development of the case was halted due to the start of the lockdown period all across the country.

Finally, the case shared with Rajasthan Police Intelligence in the first week of May 2020. A joint team was formed between Rajasthan Police-Intelligence and MI Lucknow.

Fresh leads were found as new payments were detected along with a trail of sensitive information being passed on to Pakistan by two accused.  

Vikas Kumar confessed to having passed the following information to Pakistan:

•    Details received from Chiman Lal about Army units and their strength coming to MFFR.
•    Details of ammunition coming to his ammunition depot including their type, quantity, mode of transportation, date of arrival on a routine basis (almost every time it came to his notice).
•    Details of ammunition (to include their type, quantity and mode/date of transportation) further distributed/transferred to local army establishments/units (including two local brigades) and elsewhere from his ammunition depot.
•    ORBAT (Order of battle; composition related details) of two local army brigades and all changes in them as they came to his notice.
•    Name, rank and personality traits of some Senior Military Officers in the two army brigades nearby, his ammunition depot and others who visited the military station.
•    Photos of arms, ammunition, tanks other military vehicles (with their tactical numbers) at MFFR whenever he could visit it after April 2019.

Vikas also confessed to having received at least Rs 75,000 in total from his Pakistani handler for the information he has shared during this entire period. He used to receive them mostly on bank accounts of his and his brother, Hemant Kumar. The latter was found to have no links to the espionage case otherwise. Out of this sum, he had paid approximately Rs 9,000 in total to Chiman Lal for his assistance in lots of Rs 1000- Rs 2000 since their first meet.

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Media Release
February 10,2020

Mangaluru, Feb 10: Sandeep Malani has been of lately winning back to back awards at various events and film festivals. Being an actor, he has won 3 Best Actor awards (2 for his gripping performance in the Kannada feature film, Mookavismitha, directed by Gurudutt Sreekanth and one award for his multi faceted performance in the short film, Nishyabda Nishi directed by his son Silver). These awards were honored at the Indian Cine Film Festival in Mumbai and Karunadu Kannada Rathna Award in Bengaluru.

He also won an award for his woman empowerment film, Sulige Sikkidaaga in Pune, while his musical documentary on Sridevi titled SrideviBaaz won him two awards at Pune and Kolhapur International film festivals. His other short film on transgender Mamta (Maternal Love) won the Audience Awards in USA.

Very recently he was honored by the Filmaholic Foundation in Bengaluru for being a successful short film maker with two Kannada films Jo Jo Laali and Sulige Sikkidaaga, both featuring award winning actress Kalpana Pandit, winning multiple awards and making news at International Film Festivals. This honor was given at the Karnataka Youth International Short Film Festival.

With donning so many feathers of awards in his hat, he recently bagged the most prestigious one; that being receiving the Award for Best Feature Film shot on Mobile for his film ‘Maa – Yeh CineMaa Hai’ shot on iPhone at the 1st ever IMFF India (International Mobile Film Festival India 2020) held at World Trade Center, Mumbai on 8th February.

With a whole lot short films in the category and barely few feature films in the Feature Film Category, Malani verged out to be the winner as his Hindi film was a complete family entertainer that of 5 songs, sentiment value, and a wholesome entertainer with 100 artists working in the film that consists of stage and television actors, newcomers, models and common people. The film starred Sandeep’s family members playing important roles. His mother, Meena Malani (playing the title role), wife Reshma Malani (playing one of the lead actress) and son Silver Malani (playing an important character). The cast includes Mahesh Dulam, Anita Dulam, Ranjeet Jha, Bharath Lakshmikanth, Mahendra Pandey, Vishal Digani, Akash Hora, Shuba Raksha, Sanjukta Ghosh, Sharanya Kaur, Varsha Acharya, Kkewal Sharma, Anant Joshi, Vivek Punjabi, Valerian Menezes, Nigel Pereira. Veteran actresses Sarojini Shetty, Deepali Khambadkone, Vinny Fernandes also features in the film while Kalpana Pandit, Sudha Chandran, Sonal Monteiro, Adaa Khan and others give a social message on mother, womanhood and empowerment.  The film has been jointly produced by RKJ Film Productions, The Studio Agency and Malani Talkies.

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News Network
April 9,2020

Bengaluru, Apr 9: The Karnataka government is currently engaged in discussions with experts, specialists and other stakeholders to decide on its lockdown exit strategy and would take a final view by April 13, a key Minister said on Thursday.

"Day after tomorrow we have a VC (videoconference) with the Prime Minister," Medical Education Minister Sudhakar K, who is in-charge of all matters related to COVID-19, noted when asked about the States strategy.

He said a task force of specialist doctors on Wednesday submitted its report to the government, giving its recommendations.

"We are meeting lot of stakeholders of the society taking their views," the Minister said, adding, the Cabinet would also hold discussions.

"Finally, day after tomorrow, after discussing with the Prime Minister during the VC, the government will take a view on this by April 13 or so. As of now, we have not taken any view on it. We are studying all the reports," Sudhakar told PTI.

The Minister observed that the COVID-19 cases were slowly spiking in India but not multiplying the way they have in some other countries like Italy, Spain and the United States as the government had declared 21-day national lockdown early and taken other strict measures. "Let's see for one week and see."

"We need to fight this out collectively and by strictly following the quarantine methods and social distancing," Sudhakar stressed.

The Chief Minister B S Yediyurappa had on Wednesday said his government was in favour of lifting lock-down in districts which remained free from COVID-19 after April 14 subject to approval from the Centre.

"If the Prime Minister suggests to States to take decision (on lock-down) based on the situation in their respective States, my position is to take a call (on roll- back) in districts free from COVID-19," he had said.

"This is to allow people to go about their business and move about within the district and not from one district to another, after April 14, after taking the approval of the Prime Minister."

According to State officials, as many as 12 districts continue to remain free from COVID-19.

The task force has recommended continuation of lockdown at "hot spots" beyond April 14.

It has suggested that schools and colleges be shut till May 31, while non-air-conditioned shops can be opened.

Also, IT/BT companies, government offices providing essential services and factories can function with 50 per cent staff, the task force said in its recommendations for 15-day period after April 14.

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