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
All these because of lacking of knowledge of fundamentals of Islam.
Islam is perfectly taught with boundaries for what to be done and what not to be done.
What to be done are : Farz, or obligatory deeds
What may be done : N compulsion, but doing can lead for extra reward
Not to be done Prohibitions : These should not be done. Like Associating someone with the True God who created us who only deserves to be worshipped. This is a biggest crime in Islamic point of view. Other prohibitions are eating pork, liquors, adultery, gambling,
Now the things what happening mostly in Dargah are worshipping the graves, which is the biggest crime. This is forbidden to both men and women. People can visit the dargah and pray for the dead people in that grave. But begging the dead there is prohibited.
Really those dead bodies can not help us, in contrary those bodies need prayers, wishes of living people.
We can visit the dargah in the intention to pray for the dead in the grave and to say Salam. Doing like this properly is not sin.
Wrongly Visiting Dargah can mislead to sin,
And not visiting Dargah does not amount to sin.
Therefore people lack basic teaching of Islam.
A MUSLIMAH ( True Muslim Women) will never ask with any other creation EXCEPT ALLAH... Those who depend on other than ALLAH will get what they want but in the end they will fall for the trap of deceivers who are attracting the people who are WEAK in IMAN to their way of worshiping the graves or asking with the graves.
THOSE who have faith in ALLAH will never ask or depend on, other than ALLAH. They are Satisfied with what ALLAH gave and Say ALHAMDULLILLAH in whatever situation comes their way... Congrats to such MUSLIMS and MUSlIMAH who trust ALLAH and follow the teaching of Prophet Muhammad pbuh... who never showed us Such CULTURE of DARGAH ViSIT..
Prophet MUHAMMED pbuh said... Visit GRAVES to Pray for the one who is in the GRAVE & REMEMBER that one day our fate will be same. So dont live in this life in ARROGANT or do injustice to Others.
Dear Sahil, if they knows the meaning of Namaz or Salah they never visit Dargah. Here may be RSS behind such kind of demands.
These so called muslim women don't know Islam. so they are asking entry to Dargah/Grave yard. Who stop them to go there go and enjoy.CD Editor please remove Muslim woman tag because muslim women never ask such kind of demands.Better tag Ahle biddah women ask entry to darga.
They dont bother about namaz..but worried about entry to do shirq
Haha..funny..they dont bother about performing namaz..
But worried about entry to dargah to do shirq..
Dear CD team. Please be careful when you posting one sided opinion about practice of Islam. You have reader from all sections.
REALLY SURPRISED TO SEEE THESE MUSLIM LADIES IN ROAD PROTESTING FOR ENTERING THE DARGAH ,
FIRST THEY HAVE TO OFFER NAMAZ PERFECTLY I DONT KNOW WHAT THEY WILL GET IN DARGAH ....
THEY JUST VISIT TO ASK TO THEM.. THATS NOT GOOD WE HAVE TO ASK WITH ALLAH HE IS OUR ALL MIGHTY ..
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