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
Rahim uchil will angry coz Zakir hussain eating meat and fish. How the seer of matt allowes him to enter the temple.
@ Mr. Truth, Persons link your spoiling real meaning of Hinduism. You are so filthy by your mind
Why mutt entertaining these kind of programs. There are hindu people who can conduct concerts
I am a great fan of you sir. Eagerly waiting for the moment. Hope nobody make unwanted issues there
True. Abu said right thing. Police and organisers should ensure his safety before bringing him
Art has no religion. It needed pure heart to enjoy. Waiting for the concert
Is there anybody to protest against this. I'll join with you. I will provide you some equipments to distract. Inform me ASP
Ahamd Khan, a Muslim folk singer was Murdered by temple Pirest RAMESH SUTHAR in Dantal Village of Rajasthan. The priest Ramesh accused Ahmed Khan of not singing well in the temple, and (Ramesh) failed to possess his god and harness supernatural power.
Hope Ustad Zakir Hussain will not meat the fate of Ahmed Khan, if Pejawar Seer or his devotees fail to impress their diety in Udupi for the fault of Zakir's finger on Tabala.
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