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
one of the chut#yst man i ever seen in this news portal..do you think modi is internet email so all the people with him...first change your cow dunge to human brain and come to mangalore for treatment...
Doctor name Dr Kamath surgen 9967453786...
is it ok for you to replace with bakra brain...then dont blame muslim for that..reason we have sortage of human brain due to election
Ananth Kumar, what have you done for the people other then living the life style of the rich and famous with the poor tax payers money and warming up your seat. Nobody can match Siddaramiah he has done 100 foldes of you guys had done.. BJP leaders have nothing tangable to show that's why you guys keep bring up the watch issue. Please vote for Congress! so Siddaramiah can be our CM for a better future for the people of Karnataka.
Moustache still black by the grace of Kolesston colour but Laak chupawo Chupna sakegha Jhoota bjp walon ka jhoot ka chehra. Shakuni mamoo next mp election u will not be anywhere in Karnataka Map.
Wait and watch. first leg will be within a week and the final leg 2019 supda saap no adress of bjp or rss or u.
Anant, thu kasan sangtha maraya, lutha bais. 15 May pale Kazan zatha mum. Yeddi che chaddi votha.
Dear Ananthkumar, you are able and fit leader to be next CM of karnataka. You are always tellig the truth and open to all. We, the people of your constituency fully support you as our care taker and helping us. You are like our God Father.
Anant Kumar is 100 percent correct. Cogress will not get a single seat against the wave's of MODI and YOGI. Our great national hero leader PM Modi has already told that people of Karnataka have made their mind to kick out Congress and select only BJP in karnataka and to be followed by Kerala, Tamil Nadu and Andhra. I think Electon Commission should stop voting in Karnataka to save billions of Rupees as people have already informed our Leader great Modi that they will vote for BJP only. It will be a waste of money for Congress and other parties also as BJP is going to sweep almost all the seats. Our PM is a great astrologer and has dreamt about the win in Karnataka and whatever he dreams it comes true. He had dream of becomingPM of india and it became true. He also dreamed that he will visit also all the countries in the world and its nearly completing as he has left only few countries to visit. Jai Modi ji . Jai Hind.
All Bjp leadrs are day dreaming for power in karnataka which will end on 15th may 2018.Let them happy upto that day. JAI KARNATAKA JAI INDIA.NO FEAR INDIA IS OUR SLOGAN.
Ananth Kumar and Anant Kumar Hegde, both are same in mindset. always spits nonsenses
A study shows BJP is 'richest' political party and the money not in the name of party it's owned by BJP leaders individually. They are not showing it while filing nomination and they are not paying income tax also
The irony is, cow dung fools are criticising normal people
Soon BJP will be eradicated from India due to Computer baba, rapist BJP MLAs, Yogi and Feku etc
In other countries, ministers and elected persons will be highly qualified specific area focused people. Here in India, all BJP MLAs and ministers are some cow dungs
India will be free of BJP due to Modi and his MLA fools
I am not a supporter of any political leader or party. But yeah i'll definitely choose a candidate wisely while voting irrespect of his caste or party.
Mr. Ananth kumar what you know about the facilities the present govt has provided for the farmers by sitiing in Delhi?
Mr. Siddu ( I am not a suppoter of him anyway) has done Something for the farmers of his state. Dont blindnly fool the people of karnataka.
Its sad that farmers are ending their lives all over India..
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