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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.

Mangaluru, June 24: Congress leader Ivan D’Souza has vowed to serve the poor and practice as a lawyer in the city, as he completed six years of tenure as a member of Karnataka legislative council on June 23. 

Expressing satisfaction about his work as an MLC, he said: “I’m one among the three MLCs who have 100% attendance in the council. Meanwhile, I’m the only council member to utilise the privilege of raising five questions in each session. I brought several major issues to the government through the questions and succeeded in finding solutions to the problems of people.”

“During my six years of tenure as a council member, I could bring sanctions to the tune of Rs 46 crore through various departments. Meanwhile, financial aid to the tune of Rs 13.24 crore has been distributed through Chief Minister’s Relief Fund to nearly 1,600 beneficiaries. I will continue to serve the poor on my own as an individual. For this, I have set up an office in the premises of my house,” Ivan said, adding that he has distributed grocery kits and other essential items to over 18,000 families during the lockdown period.

“I have successfully fulfilled my duties as the chief whip of the government in the council and also as the parliamentary secretary to revenue department in Siddaramaiah and H D Kumaraswamy governments, respectively,” he said. 

Ivan said his office in the Mangaluru City Corporation (MCC) building will be handed over to JD(S) MLC S L Boje Gowda. “My doors are always open for the people. I will strive to build the party in the state,” he added. 

May 10: Azaan is an integral part of the faith, not the gadget, says veteran writer-lyricist Javed Akhtar, asking that the Islamic call to prayer on loudspeakers should be stopped as it causes "discomfort" to others.

In a tweet on Saturday, Akhtar wondered why the practice was 'halaal' (allowed) when it was, for nearly half a century in the country, considered 'haraam' or forbidden.

"In India for almost 50 years Azaan on the loud speak was Haraam. Then it became Halaal and so halaal that there is no end to it, but there should be an end to it. Azaan is fine but loud speaker does cause of discomfort for others. I hope that atleast this time they will do it themselves (sic)," Akhtar tweeted.

When a user asked his opinion on loudspeakers being used in temples, the 75-year-old writer said everyday use of speakers is a cause of concern.

"Whether it's a temple or a mosque, if you're using loudspeakers during a festival, it's fine. But it shouldn't be used everyday in either temples or mosques.

"For more than thousand years Azaan was given without the loud speaker. Azaan is the integral part of your faith, not this gadget," he replied.

Earlier in March, Akhtar had supported the demand to shut mosques amid the coronavirus outbreak in the country, saying even Kaaba and Medina have been closed due to the pandemic.

He had also appealed to the Muslim community to offer prayers from home in the holy month of Ramzan, which began on April 24.

"I request all the Muslim brothers that now that Ramzan is coming, please say your prayers but make sure that this doesn't cause problems to anyone else. The prayers that you do in the mosque, you can do that at home. According to you, the house, the ground, this all has been made by Him. Then you can do your prayers anywhere," he had said.