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
I am sure this Dargah chief will allow shetering cows in his Dargah to make Hindus happy. let this Muzawar also allow cows to stay in his house as guests which will definately give him lots of ad and will be famous.
Mone... Moodbidri.... What do you say about this statement from The Soofi Dargah worshiper....
If prophet is against beef....good...but why should muslims protect them????????
Dhurga is also against Islam...could you stop cheating????
Who will believe even if Muslims are protecting cows,
The trend is, if Muslim have a cow for Milking purpose, Bajrangis will attack on the pretext of cow slaughter
If Muslim is having a cow for agriculture purpose, Banjrangis will attack on the pretext of cow slaughter
Cow is not the cause, but, they just need a reason to attack Muslims,
If the Cow problem is solved, then they will come up with Bakri reason, then Murgi reason, then Machli reason, Its never ending story till RSS is alive
This program is sponsored to you by...modees sangheez.....what has the mushriq Sarah chief to say about baqarah and adhaa?.....
ohh my god this person doesnt know Prophhet SAW said there is no place for Shirk and it is Haram and this guy in his life he is done full of Shirk, Mr. Zainul you are not a right person to give any commmnts without Hadith Quote, better you Shut your mouth
there is no impotant place for dargha in islam
Hey dargaparasthi
Muslims should not protect darghas,
prophet is against darghas.
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