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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Elite Indian nationalism defined: Every elite Indian can give his/her life for learning English if he/she needs to live in New York or London. But no elite Indian will sacrifice even a penny for learning Kannada if he/she needs to live in Bengaluru. Nationalism of jokers is always like that. (There are some rare exceptions to that, of course).
Look at how much useful English has been to India: India is one of the worst countries in education; the most starved country; suffers trade losses of more than 40 billion US dollars each year with China alone (I hope you know China doesn't teach in English); ranks 150th in per capita exports; administratively the most stupid one because administration is being carried out in language whish people don't understand; Also read this quotation from a worldwide study carried out by UNESCO, ‘What seems to be standing in our way is a set of myths about language and learning, and these myths must be revealed as such to open people’s eyes. One such myth is that the best way to learn a foreign language is to use it as a medium of instruction. (In fact, it is often more effective to learn additional languages as subjects of study.) Another is that to learn a foreign language you must start as early as possible. (Starting early might help learners to have a nice accent, but otherwise, the advantage goes to learners who have a well developed first language.) A third is that the home language gets in the way of learning a foreign language. (Building a strong foundation in the first language results in a better learning of additional languages.) Clearly, these myths are more false than true, yet they guide the way policymakers tend to think about how speakers of other languages must learn dominant or official languages.’ I will like to discuss with you further Mr. BigZero. If you agree, mail me at [email protected]
Can anything be more anti-national and educationally more stupid than what these 'Crazy' Board of Secondary Education people are saying? Kindly give your arguments if your answer is in Yes. Today itself, I stated in my TV interview that I don't find any education Board educationally as illiterate as the Indian 'Crazy' Board of Secondary Education. This is one more evidence of their illiteracy. I have mailed to the CBSE sataraps about their illiteracy on educational matters. But they never replied.
ಕರ್ನಾಟಕದ ಮಾತೃ ಭಾಷೆಯನ್ನು ಉಳಿಸುವತ್ತ ಸರ್ಕಾರದ ಹೆಜ್ಜೆ. ಸರ್ಕಾರಕ್ಕೆ ಅಭಿನಂದನೆಗಳು....
I find this interesting: "It is not a prestige not to learn Kannada...". Unfortunately,
many "elites" speak in other Languages - particularly in English - to show off.
There are problems with Kannadigaas too - we can't speak Kannada
without 80% English in it....
Court must be moved to knock out a ridiculous order. Language is correctly the choice of schools, parents and students. And students should not be burdened to learn languages that will have no use to them.
Karnataka govt. should close these schools if they refuse to comply.
When Hindi & English are mandatory and they did not make a hue and cry against these, what is their problem teaching Kannada in Karnataka?
UP-Bihar's Hindi language mandatory in Karnataka is OK, but not Kannada? What kind of nonsense is this?
@Ravi: Very correct and logical. Moreover, Karnataka and Kannada have been
taken for granted, by most of the people from outside.
People who don't want to learn Kannada in Karnataka and want to treat this place just as a safe haven for jobs, property and weather should leave the state. We have enough freeloaders here from all parts of the country resulting in the chaos in the city. Its time for the Govt. and Courts to tighten the strings.
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