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 news network
May 24,2020

Bengaluru, May 24: With 130 new cases, Karnataka's COVID-19 tally crossed the 2,000-mark on Sunday. Most new cases reported have interstate travel history with 97 coming from Maharashtra. The number of active cases in the state is 1,391 and the deaths reported so far is 42, including 2 for non-COVID reasons.

"Ninety seven of the 130 new patients are returnees from Maharashtra, the worst affected state in the country with 47,190 cases till Saturday," said a state health official. 

"The total number of COVID-19 cases across the state is 2,089, with 130 more testing positive in the past 18 hours," said the official.

Forty six patients were discharged from hospitals on Sunday taking the number of cured persons to 634. Of the 46 discharged, 18 are in Davanagere, 20 in Uttara Kannada, 4 in Chitradurga, 3 in Bagalakote and one in Haveri.

Of the 30 Karnataka districts, Chikkaballapura recorded the highest cases on Sunday at 27, followed by Yadgir (24), Udupi (23), Mandya (15) and Hassan (14).

Chikkaballapura is the home district of Medical Education Minister K Sudhakar, a doctor by profession, who is spearheading the fight against the pandemic.

On Saturday, the state's tally shot up to 1,959 due to 196 new cases, the highest single-day rise, with 195 of them crossing over from Maharashtra through the inter-state border, which was opened up as part of partial relaxation of the lockdown.  

The Karnataka government has imposed institutional quarantine on persons traveling in from outside the state, particularly by flight from Maharashtra, Gujarat, Tamil Nadu, Delhi, Rajasthan, and Madhya Pradesh.

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News Network
March 8,2020

Bengaluru, Mar 8: Lieutenant General Milind Hemant Thakur, Director-General of Supply and Transport Corps of the Indian Army, unveiled the renovated Animal Memorial at Agram Grounds in ASC Centre and College here on Saturday.

The animal memorial signifies the contributions of mules and horses of the Indian Army. These animals belonging to the Army Service Corps, who have rendered their services relentlessly during the war in the Himalayas, often paying the highest price of sacrificing their lives in the line of duty have been chronicled in the Memorial.

To ensure that these hoof prints do not get obliterated, on approval by the Government of India, their saga was brought to life in the form of a sculptured monument in the Equestrian Training Area of the ASC Centre and College.

This animal transport memorial has now been extended by constructing two walls supported by Roman pillars on either side.

These walls highlight the role played by the animals in the Indian Army since the British Raj. It gives details of 637 gallantry awards won by the brave muleteers, 49 battle casualties since independence, 14 gallantry awards to mules since independence and 05 military recognitions bestowed by the Chief of the Army Staff and other Army Commanders on AT units, who have been relied upon heavily to fill an important niche in the logistics networks of the Indian Army.

Gen Thakur also declared that 26 September each year has been nominated as the AT Remembrance Day as it was on this day in 1914, that 9th mule Corps, as part of the Indian Expeditionary Force, landed at Marseilles in France, to a most hearty and enthusiastic welcome by the French to support the British and allied armies in World War One.

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coastaldigest.com news network
February 14,2020

Bengaluru, Feb 14: In a major embarrassment to the police, the Karnataka High Court has termed as illegal the prohibitory orders imposed under Section 144 of CrPC by the City Police Commissioner in December 2019 in the light of the anti-Citizenship Amendment Act (CAA) protests in Bengaluru.

The orders were passed “without application of mind” and without following due procedures, the court noted. Giving reasons for upholding the arguments of the petitioners that there was no application of mind by the Police Commissioner (Bhaskar Rao) before imposing restrictions, a division bench of the High Court said he had not recorded the reasons, except reproducing the contents of letters addressed to him by the Deputy Commissioners of Police (DCPs). 

The state government had contended that prohibitory orders were passed based on reports submitted by the DCPs who expressed apprehension about anti-social elements creating law and order problems and damaging public property by taking advantage of the anti-CAA protests.  

The High Court bench said the Police Commissioner should have conducted inquiry as stated by the Supreme Court to check the reasons cited by the DCPs who submitted identical reports. Except for this, there were no facts laid out by the Police Commissioner, the court said.

“There is complete absence of reasons. If the order indicated that the Police Commissioner was satisfied by the apprehension of DCPs, it would have been another matter,” it said.  

“The apex court has held that it must record the reasons for imposition of restrictions and there has to be a formation of opinion by the district magistrate. Only then can  the extraordinary powers conferred on the district magistrate can be exercised. This procedure was not followed. Hence, exercise of power under Section 144 by the commissioner, as district magistrate, was not at all legal”, the bench said. 

“We hold that the order dated December 18, 2019 is illegal and cannot stand judicial scrutiny in terms of the apex court’s orders in the Ramlila Maidan case and Anuradha Bhasin case,” the HC bench said while upholding the arguments of Prof Ravivarma Kumar, who appeared for some of the petitioners.   

Partly allowing a batch of public interest petitions questioning the imposition of prohibitory orders and cancelling the permission granted for protesters in the city, the bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar observed that, unfortunately, in the present case, there was no indication of application of mind in passing prohibitory orders.

The bench said the observation was confined to this order only and it cannot be applicable in general. If there is a similar situation (necessitating imposition of restrictions), the state is not helpless, the court said.

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