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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Moral classes for Immoral activities
Oops..Producing some more minor terriorists,,, we have minor cell,,, No issue,, Upon blessing of Saffron Govt,,, documents missing.. as Malegaon blast.. Samajotha blast,,, Release BHAGYA,,,
70% is Hindu population of the nation and if at least 25% are illiterate, still they are more than peace loving community.
However they have at least other 25% educated in them.
The one and only the best solution is target these educated people in conveying the true religion. When they are with you, India will be peaceful country by force.
After sometime it will be peaceful country without force.
Pardon them Lord. These chaddies are ignorant goons. They do not know the fact that what they are doing is selling Bharat maatha to the West.
first of all who are they to teach (rss) ? are they govt? supreme court should stop this kind of nonsense.
INDIAN LAW AND ORDER MUST FOCUS ON THIS CLASSES AND NEED TO TAKE VIDEOS AND CLARIFY,
BEC WE DONT KNOW WHAT THEY ARE TRAINING TO YOUNG CHILDREN
BEC WE DONT WANT ANY TERROR GROUP HERE IN INDIA ...
Cheddis are controlling even our leaders ... We have recognized their cheddi trained MORALS after coming to POWER...
Please DEFINE what is MORALS to YOU>....
Brain washing classes.
RSS and Moral - you must be joking.....where was their moral when they killed Mahatma Gandhi???
Time has come to vanish this terrorist group from INDIA. Hope peace loving INDIANS will do the same very shortly.
Jai Hind
We are seeing what kind of products are coming out from RSS schools. Bajrangdal, VHP, SRS, all immoral rowdies.
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