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
Rasheed Bhai......... No individual is above the Nation. Personal attitudes will not damage the whole NATION and its CONSTITUTION. But a Political Party as a whole can make a difference to the NATION. Being a citizen of INDIA, just evaluate the Nation under BJP rule and CONGRESS rule you will get your ANSWER. Thank God.... your family is safe and secure, but think about those families who were the victims of BJP workers. The intolerance in last 4 years has gone from bad to worse. For God's sake, please keep your difference away especially for this State election and for upcoming General Election in Year 2019. All the best to all the Kannadigas and lets give another chance to CONGRESS to keep the injurious political party BJP much far away.
i think muslims should vote for Ashraf . attitudes of U.T is dangerous than bjp , he is selfish , his last five years attitudes shows he may sell entire community for his personel gains... such candidates should be defeated ....
improve ullal means..... he had not done anytihng to his own place then how we can trust him that he will develop karnataka/India........ i am not anti congress dear. but those who did not work for the welfare of the society should not win this election.... anyone maybe...... staying as loyal, honest, visiting funeral is not that he is good MLA or Minister.......
Abbu , what is your thinking brother, to improve ullal, you will vote against congress, really sad with your thinking , thing about India and people of Bharat , if you divide vote against the situation will be same , vote congress to get good results
use common sense please dont vote any muslims indipendent candidate, vote only congress
Some selfish and jealous people are trying to misguide the community. Instead of supporting and guiding the community to the unity, they try to divide just because of their selfish motives. Community should be very vigilant and aware of what is happening. While all secular forces trying hard to stop this Communal party, this kind of selfish people are trying to divide. They harm the community indirectly. Its better not to give an opportunity to our enemy rather than harming our own community. So be aware of this kind of selfish people. Its very easy for all political parties to be communal but secular parties are struggling. Instead of supporting secular parties, these selfish people trying to divide the votes. Very bad. Need to reject him outright.
Under the current state of affairs, we need to think about the whole KARNATAKA STATE and our great nation "INDIA". This JD(S) candidate is BJP's agent and they are not bother about our STATE & NATION. Even though if he win election this time, I can challenge he will never improve ULLAL. He will just fill his pocket and share few penny to BJP. Let all the Kannadigas be SMART and vote for CONGRESS - because the current situation in INDIA had forced all the MUSLIMS to vote only CONGRESS. We all should think that its CONGRESS V/S BJP only. No other parties should exists at this moment of time. Lets build a very strong and smart INDIA.
better vote all muslims for ashraf ... then how there will be vote divide..... UT khadar has not done anything to improve his place ullal
Good news for BJP
If you vote for Ashraf it is like voting for BJP. Do you want Modi and Amit Shah to win?
Be smart and don't vote for Ashraf
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