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
Do you know who start the tippu jayanthi dear
This is the fact, a party built on corrupt ideology will not survive. The entire nation will know the truth.
What is their moral value of these guys who killed that person who sacrificed his whole life for the nation. What can we expect from these people. Until the past few years they were agreeing TIPU SULTAN as the best ruler, tiger of Mysore, and the man who taught to resist the invaders.
Just for the personal benefits, the same guys portray him negatively
People of such a mentality should be catalgorized as sick and mentally distorted group who should not be considered fit for election or make any policitical party.
The wise people should boycott such immoral party, Support the fair and the reliable party. If not available go for the least corrupt party.
Eddi is the only CM who spent his life in jail for corruption (not as a freedom fighter)
Think of our future geneations and our children,
God help our country from these corrupt group.
Dear Sandesh
if you want join with bjp policy no objecttion but don't involve Hindu religion. All Hindus are not as you wished.
During BJP govt all these communal leaders including cheddiyurappa was on the dias to celebrated Tipu Jayanthi so now what happen with different colour and tune.
Go with the history i/o rss book.
Jai Hind Jai Karnataka
Why all people blaming BJP. Why this govt cant avoid celebration
BJP leaders are mentally retarded people. Trouble makers
All Hindus should support BJP's decision
BJP openly said they will oppose. If they didnt say anything also they will do the same. They will make trouble as they did previous year
Govt should seek order from hc or sc for arresting all BJP goons
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