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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.

Bengaluru, Jun 26: All efforts would be made to control the spread of coronavirus in the city and there will be no fresh lockdown, Karnataka Chief Minister B S Yediyurappa on Friday said, asserting that improving economic situation of the state is also equally important.

Though the state capital was considered a model for the entire country in COVID management and has seen a spike in cases during the last few days, the pandemic can be controlled if everyone cooperated, he said.

His remarks come a day after Revenue Minister R Ashoka said Bengaluru is still 'safe' compared to the COVID-19 situation in other cities and states and had ruled out a fresh lockdown for now, putting to rest speculations that it was planning such a move in view of spike in cases.

As of Thursday evening, a total of 1,791 COVID-19 cases, including 78 deaths and 505 discharges, had been reported in the city while the state's tally stood at 10,560 compared to just 3,408 cases as on June 1. The state capital has the highest number of cases among the districts.

"There is no question of imposing lockdown for any reason. In some areas (with high case load) we have already implemented lockdown, other than those places there is no question of it being implemented in other places," Yediyurappa told reporters here.

Improving the economic situation of the state was also equally important, he said ahead of his meeting with Ministers, MLAs and MPs of all parties from Bengaluru to discuss measures to control COVID-19.

"I will discuss with all MLAs including those from opposition and Ministers from Bengaluru and come to some decision. With their cooperation we will make all honest efforts to control the pandemic in Bengaluru," he added.

Earlier, there had been intense speculation after some ministers said the government may have to consider re-imposing the lockdown, eased in phases from the middle of last month, in view of continuing spike in new cases in the past several days. Bengaluru was a "model" to the entire country in COVID management, but in recent days cases have increased, Yediyurappa said, adding to control it cooperation from everyone was necessary.

"I have confidence that if everyone (MLAs) pays special attention in their respective assembly constituency, COVID can be controlled," he said. Meanwhile, official sources said the Chief Minister has given Revenue Minister Ashoka the charge of overseeing the COVID management in the city.