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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.

Mangaluru, May 15: Dakshina Kannada saw a record spike in the number of fresh COVID-19 cases today, which triggered panic among the people of the district, which is currently under orange zone.   

According to the mid-day bulletin of the Department of Health and Family Welfare, as many as 16 people from Dakshina Kannada tested positive for the covid-19. 

Among them 15 are the Gulf returnees who were brought by an Air India Express special flight from Dubai to Mangaluru International Airport on May 12. 

As many as 179 repatriates had landed at Mangaluru Airport. Among them 125 are quarantined in Dakshina Kannada, 49 in Udupi and five in Uttara Kannada districts.  

Meanwhile, a 68-year-old woman from Surathkal area in Mangaluru, who is suffering from Severe Acute Respiratory Infection (SARI) was also tested covid-19 positive.

This is the highest number of cases reported in a single day since first case registered in the district on March 22 when Dubai-bound youth from Bhatkal was tested positive. 

With this the total number of covid-19 cases in the district mounted to 50 including five deaths. Many of them have returned home after recovery.

3 members of a family test positive

According to Deputy Commissioner Sindhu B Rupesh, three members of a same family are among 15 gulf returnees who are tested positive.  They are a 45-year-old man, his 33-year-old wife and their 6-year-old child. 

Six among those who tested positive today are above 60 years of age, said the deputy commissioner. 
 

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.