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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.

Bengaluru, Jul 18: Vendors in Bengaluru are finding it hard to earn a livelihood as the state government has allowed the sale of products only for a few hours each day. The lockdown imposed by the Karnataka government on July 14 will continue till July 22.

Speaking to ANI, Vanajakshi, a local vendor said, "We took loans from banks and small financiers to run our business. But we are finding it tough to pay back as our livelihoods have been hit."
"Because of the lockdown, no one comes to buy and markets remain vacant. There was a time when the Gandhi Nagar market was filled with customers, but now it looks like a vacant playground," she added.

Mythri, an advocate, said, "Look at the conditions of vendors. It's precarious. They do not have any business at all. Even now they have been allowed to sell products till 12 noon, which is not sufficient. It's time for the government to step in and provide assistance. If the Central government can reduce corporate taxes, why can't it help them? At least it will help them pass off these difficult times. "

"They are earning through daily wages. The government imposed lockdown suddenly. Where will they go? The city market in Bengaluru is famous. At least 8,000 people come from slum areas. People here are poor. The lockdown was done suddenly and led to problems for these people," said Congress MLA Zamil Ahmed Khan.

Referring to a recent meeting with the chief minister BS Yediyurappa, he said, "During the meeting called by the CM, I suggested that food kits must be arranged for vendors. The CM said the government is providing rice and wheat but that's not enough."