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 6,2020

Panaji, Feb 6: Goa Chief Minister Pramod Sawant on Wednesday told the Legislative Assembly that neighbouring Karnataka has diverted the Mahadayi river water, due to which its flow in the state has taken a hit.

He was speaking during a debate on the motion of thanks to Governor Satya Pal Malik for his address.

Goa and Karnataka are locked in a dispute over sharing of the Mahadayi river water. Goa is strongly opposing the Kalasa Banduri project proposed to be built by Karnataka on the river, which is aimed at providing drinking water to three north Karnataka districts by diverting the Mahadayi water into the Malaprabha river.

Speaking in the House, Sawant said that the flow of Mahadayi river has reduced due to the diversion of water by Karnataka.

"I am admitting that they (Karnataka) have diverted the water. We have brought it to the notice of the Union Ministry of Environment, Forest and Climate Change," he said.

The Goa government has explained to the Centre that the water which flows into the state is "not wasted".

"We have told them that the perennial flow of water is necessary for Goa's wildlife," he said.

Sawant said that his government was serious on the issue of Mahadayi.

"Mahadayi is more than a mother to me. We have not compromised anywhere on the issue. I have been associated with the Mahadayi agitation since 2000," the chief minister said.

He said the issue would be fought before the Supreme Court, where special leave petition has been filed by the state.

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News Network
March 4,2020

New Delhi, Mar 4: Tech giant Intel has said one of its employees in Bengaluru has "potentially been exposed" to coronavirus and is currently under quarantine.

The company also said it has implemented precautionary measures like travel restrictions, increased frequency of office sanitisation, and work-from-home provisions in India.

"An Intel employee in Bangalore has potentially been exposed and is currently under quarantine in accordance with government requirements," Intel said in a late night statement on Tuesday.

The company said it is monitoring the coronavirus situation closely and working to ensure that its employees have the information and resources they need to stay safe and informed.

In India, we have implemented precautionary measures such as travel and event restrictions, visitor screenings at all our offices, increased frequency of office sanitisation, and work-from-home provisions," it said.

The virus outbreak, which has seen cases being registered across the world including South Korea, Iran, Italy and Japan, has had a significant impact on businesses across industries.

Microblogging platform Twitter has asked its employees to work from home while other tech giants like Tata Consultancy Services and HCL Technologies instructed staff to avoid non-essential travel as IT firms put in place measures to safeguard workers against the deadly coronavirus.

The coronavirus outbreak claimed over 3,000 lives globally, and fresh cases being reported in India.

The government has stepped up its efforts to detect and check the virus outbreak whose epicentre was in China.

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News Network
May 18,2020

Bengaluru, May 18: A large number of people in India are planning inter-city bus travel within a month of the lifting of travel restrictions, according to a randomised online survey of over 10,300 customers of redBus, India's largest online bus ticketing platform.

Nearly 57 per cent of the respondents are planning to travel within a month post the lockdown. However, there is a high standard of expectation on the implementation of measures to make buses safe for travel with over 79 per cent wanting deep cleaning and sanitisation of buses after every trip.

Hand sanitisers, mandatory masks and temperature screening for all passengers are next in expectations for bus travel. Over 78 per cent of the respondents want the implementation of hygienic conditions at boarding points and 70 per cent want social distancing protocols to be implemented at boarding points.

"The survey does underscore the fact that given the adherence to safety protocols, bus travel is possibly one of the safest options for travel since the number of travellers are fewer, checks can be done individually and the whole factor of pick up and drop as close to home as possible minimises the number of contacts throughout the journey," said redBus Chief Executive Officer Prakash Sangam.

In addition, online booking further reduces the number of contact points as people can book bus tickets directly from their home. Further, there is a heightened awareness of personal hygiene and safety measures which is important for the travel to be safe.

"The large number of people waiting to travel not only points to the need but also the importance it has for the revival of economic activity as very few of them would be travelling for leisure," said Sangam.

The survey also showed that passengers put a very high consideration on hygiene, sanitation and disinfection -- over 73 per cent -- and social distancing (63 per cent) and much lower consideration to traditional factors such as travel cost (22 per cent), comfort (21 per cent) and punctuality (18 per cent).

The survey was conducted among redBus customers across India. Only 5 per cent of the respondents were willing to postpone their travel to over six months while the rest had plans to travel within that period.

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