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
Rakesh... dont tell us that all those chant VM are Nationalists
And you cant force people to chant this....
Ibraheem Hussain, Udupi, any comments.
This is sad and not right at all , brothers fighting against each other. Those guys dont represent me .
I apology and prayer to the cop.
Walida-e-hind-ki Zindabad :)
Shave BABA RAMDEVS BEARD....very good to know he rejected say ---mantaram.
They never targetted him , this police man objected for vande mataram , so they thrashed him . so CD is misleading its readers .
I did not see any chaddi statement now. Is it tolerenance?
Shocking, the Great India is turning to intolerant India! credit goes to rulers of India and its state.
ONE WHO VOTED TO MODHIJII ACCHE DINNN LET THEM SEE THIS AND SELECT THIER FUTURE.
THIS PEOPLE FRIST SHAVE U R SWAMIJI BEARED THEN US....
MODHIJI IS FAKEJIIII
Acche din effect
Now Arnab will shout in Newshour that the Muslim policemen is an anti national.
Modi government has already gave all the RSS to take the law into their hand. May be one day will come that our nation will become like Pakistan and Afghanistan; if not controlled by these RSS mad dogs.
The Roots of EVIL : ARROGANCE; ENVY and GREED.
Knowledge makes people HUMBLE
Arrogance make people IGNORANT.
I think there are many Ignorants who say they are the superior . but they really are stupids and commit such acts which they themselves open the door of hell.
THIS IS ACHEE DEEN OF MODI
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