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
Dear Rakesh.
We know how brain is working after cheddi media & teaching have affected U.. and 95% of the cases charged are still not proved and the cheddi authorities are playing with the dumb spectaters like U who support them without your own investigation on the cases which still did not give any proof..... anyway A day will come to judge such cases where innocents have been trapped and the one who gave us this life will judge and on that day no cheddis will come to your rescue for your blind support now. Which U will regret for not using your god given intellectual. Try to know the reality and study on cheddi deception.
Rakesh,
Jamate Islami Hind an institution have no connection with Simi. SIMI is a independent institution which banned now. Its a student movement like ABVP. Jamate Islami Hind have student wing is SIO. I don't know where you got the information that he was with SIMI. Can you furnish the details about the Syed Qasim was with SIMI, failing which you will have apologize in this forum for non authentic information.
SQR Ilyasi we are with you...A goonda coward who is sitting abroad is preaching Hindutva patriotism ..As a Muslim we are not scared of these death threats
this man was with SIMI ... what else we can expect from his son ? Mr Abdullah , clarification , not India , it is muslims only and some left mentally retards . May be he has support from pakistan .
No worry ... India With U. Jai Hind.
Dont worry guys.... for the threats
Allah gives life & death and we muslims believe that.. If you are firm in your belief.. Just pray to him and ask his protection ... Dont worry about the evil .. Unless ALLAH gives permission nothing on the earth will move... even the evil of ravi poojary..
TRUST ALLAH, U are on the safe hand unless ALLAH decreed on U. even if U are harmed. It is the matter is with ALLAH.
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