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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.

Dubai, Jul 8: The Directorate General of Civil Aviation (DGCA) has revoked landing permits issued to UAE-based private jets flying Indian expats who are willing to fly back to UAE. With this the operation of private jets from India to the UAE has stopped.

The development comes days after DGCA stopped UAE airlines from chartering repatriation flights to India. 

The DGCA’s decision has come as a huge disappointment for desperate expats who are trying every means possible to return to the UAE, and were shelling out up to Dh15,000 per ticket.
 
All charter flights were operating with the appropriate permissions and clearances for the specific mission, route and destination, said the charterers.

DC Aviation Al-Futtaim, the only integrated VIP handling and hangar facility in DWC, said in an official statement: "As a result of the DGCA suspension of flights into India, our Challenger 604 aircraft which was scheduled to land in Dubai today has been affected."

Afi Ahmed, managing director of Smart Travels, said he has received news from official sources that all approvals for operation of private jets have been barred until July 10.

"Even the flights that had been given approvals stand cancelled. Some flights organised on July 9 have also been grounded," said Ahmed, who was also stranded in Kochi, Kerala, till July 4 but returned home in the UAE on-board Global 6,000, the largest business jet, organised by a Dubai-based aviation company.

Ganesh Rayapudi, a UAE-based businessman who has been trying to organise flights from India to UAE, said: "The government has kept on hold all charters. At least 52 passengers were desperately waiting to come back from Hyderabad on these flights and were willing to collectively cough up Dh400,000."

He added: "I agree that it is unfair to those who cannot afford these prices. However, UAE residents have commitments here; they were tired of waiting and willing to go any lengths, including taking the expensive route."

On July 3, India's DGCA announced via an official circular that scheduled international flights will remain suspended till month-end and only those on a case-to-case basis will be allowed to operate. These flights were suspended on March 22 due to the ongoing pandemic.

Bidar, Mar 4: The Principal District and Sessions Court in Bidar, on Tuesday, granted conditional bail to five functionaries of Shaheen School management — Abdul Qadeer, Allauddin Pasha, Mehtab Sait, Bilal Inamdar and Abdul Khaleq — who moved anticipatory bail in a sedition case slapped against their school recently.

Conditions

Senior advocate B.T. Venkatesh from Bengaluru argued for the petitioners. Managoli Premavati Mallikarjuna granted bail on certain conditions, including execution of personal bond of ₹2 lakh each.

The sedition case was filed against the Shaheen School management for its children staging a play as part of their annual day celebrations on January 21, in which a character had allegedly delivered a dialogue against Prime Minister Narendra Modi.

While Nazbunnisa, the mother of the child who had allegedly delivered the dialogue in the play, and Fareeda Begum, the headmistress of the school, were arrested, they were subsequently released on bail last month.