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
Yeddi too knocked out?
Some are without helmets....ow. bjp riders...
Congress BJP Bhai Bhai......
Public fools......ha haa
Panothi
I am enjoying goodness after my death........these useless will definetly go to hell
It is now new drama by sangha pariwar. Rss never wants tiranga in their nagpur head office , even on the day of independance.
Why all of sudden they started this drama.
Daal mein kuch kaala hain.
We cannot trust this goonda sha (encounter specialist)
Kannige mannerachuva karyakrama. hihihi
Just diverting the attantion of people from the recent murder
MP nalin kumar atleast knows how to ride two wheeler. I thought he is a useless.
wonderful rally, really enjoyed a lot with our all party members.
congress hatao bjp lavo,
Its Sunday!!! people normally dont have any work,. by the way i m sleeping at home and enjoying the holiday,
It looks like a congress rally!
why this rally and all doing in heavy traffic, simply troubling people. he s politician, can visit his party building, who told them to get down on the road,
Y Shobakka absent?
wow great rally i also participated, lucky to c amith shah in mangalore.
Since long time rallies are going on but no development are seen?
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