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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.

New Delhi, Apr 15:  Union Health Minister Dr Harsh Vardhan on Wednesday said that both Maharashtra and Karnataka are in a bit of trouble due to spike in COVID-19 cases.

"Bihar is not in so much trouble right now, but definitely, Maharashtra is in a bit of trouble, particularly Mumbai and as well as Karnataka," said Vardhan in a video conference meeting while speaking about surge in COVID-19 tally in the country.

"But I was happy to see the confidence of 3 secretaries more particularly when Maharashtra Secretary said with confidence 'we will take care of it'," he said.

According to the ministry, Maharashtra is the worst-affected state with 2,687 cases of which 259 patients have recovered/discharged while 178 patients have lost their lives due to the virus.

Karnataka has confirmed 277 positive COVID-19 cases, including 75 cured and discharged and 11 deaths.

India's tally of coronavirus cases has risen to 11,933, said the Union Ministry of Health and Family Welfare on Wednesday.

Out of the total tally, 10197 cases are active while 1344 patients have been cured/discharged and migrated and 392 people have succumbed to the virus.