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 think kateel had good new year celebration along with mithun rai.... free alcohol was supplied by mithun rai.....what you say guys????? lagta hai daaru kuch bohat hi zyaada hogayi thi raat me....daaru ka nasha utra nahi hoga....isliye agle din subah aake kateel ne apni dil ki baat keh di.....wo kehte hai na daaru ke nashe me aadmi ke muh se sach nikalta hai
Think twice before u speak, is a famous dialogue which clearly suits Nalini Kumari Kateel.. Mike mila tho pagal bhi gaane lagta hey,,
He is not fit for MP.......should be removed.....
Nalin is lying that he was not well. He uttered what bjp and sanghis have planned. Nothing can be hidden for a long time. this is hidden agenda of sanghis to create trouble in karnataka and costal districts in particular. Police should arrest him under goonda act. He should be removed from MP post as he is unfit for this responsible position. Suprement Court should order central Govt to take notice of this dangerous statement from an MP and remove him from this post. In case Nalin is mentally sick, admit him in a mental hospital.
for instance if this was happened from one of our muslim brother, what would be the reaction and action from these sanghis????? even from chaddi police dept......
ha now we came to know that you are bad mental mp of our dk dist. shame on you. you must resign immediately.
New year night \ raathre paad dina onchooru jaasthiathund\" - mallajjappa powad.
Ancha namma modi 15 lakh niklena bank gu paadwe panthijja..... Anchane indula..
Thoo paadare inbe daane lankeda hanumanthena?"
Hahaha...pukkele...
Typical coward sanghi...
The nation wants to know whether you are really not well or the frog inside well?
No need to give clarification just put this man behind bars. Useless MP
Pradeepji, NOT Wenlock, Kankanady Permanently.
Such goondas are fit to be encountered ....
Yes true he is not well... this all unstable people belongs to BJP/RSS, They dont know what they are speaking after all, all are the followers of chaiwala, what we can expect from this RSS goondas...this marle minister even dont know to speak in parliment, he drinks spit twice before he delivers a word
If he is unwell, admit him to Wenlock
This is the fact and sanghis real mentality. Now he may accept his threatening to set fire his own constituency, message is out in public.
Every anti-national will say the same thing when press conference even Thogadia....Shame on you as a MP of our beloved Dakshina Kannada. Did the people elect you to disturb the area & set fire .. Thooo ninna....
Anna kadle baipinanda thoo malpode, E thoo malpu bokk kadle baipundu.....
why didnt police arrest him, he is enticing people to create violence, why no suo motto on him.
such people should be booked under goonda act
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