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.
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Y Governments, Police and Judiciary Silent over this serious matter? If Bajarangdala is taking weapon training it is not ((Desh Drohi)) ???
we cannot image India's future. if allow like, India will become Afghanistan if not taken any strict action definitely one day india will lose its all....
Fake news and Fake photo ... stop this nonsense CD .. Hahahaha shaji heltavne kelrappo .. andaman ge kaluhisabekanthe ... andu ameekondu koorappa saaku .. even if it is true , its not a surpise at all ... we must be armed to protect bharath mata ... we are not violating indian laws and we are using common weapons ... bholo bharath mata ki jai ...
MODI original collection next future plan to attack muslims....
RSS is another face of devil. Thisz terrorist and anti indian outfit should be banned immediately and all its assets be seized. Arrest the terrorists carrying out the training and debar them to Andaman Nicobar islands for ever.
So government itself supporting all this activities, then catching the innocent and framing as TERRORIST.
ALL FAKE NEWS..
where is Indian law here..
another face of ISS is RSS
Indian Taliban
these outfit is more dangerous than isis to the country....
#BAN RSS,BD,VHP# AND SAVE INDIA
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