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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.

Bengaluru, June 27: In the wake of mounting covid-19 cases across Karnataka, the state government has decided to extend the night curfew hours and to re-impose Sunday lockdown. 

Chief Minister BS Yediyurappa held an emergency meeting on Saturday with the state's top officials to discuss measures to further contain the spread of the novel coronavirus. 

During the meeting, it was decided that a state-wide lockdown will be imposed on each Sunday starting July 5. Only essential services and supplies will be allowed on Sundays.

Timings of the night curfew have also been revised to 8 PM - 5 AM from the earlier 9 PM - 5 AM. “We have decided to impose a curfew starting Monday, June 29, from 8 pm to 5 am every day. Right now, the curfew timing is 9 pm to 5 am, but it’ll be advanced by an hour to 8 pm,” said Home Minister Basavaraj Bommai

Commissioner of Bengaluru's civic body, BBMP has been directed to set up more wholesale vegetable markets to deter large crowds.

Meanwhile, government offices in Karnataka will open only five days a week and the weekend will be off for government employees.

It was also decided during the meeting on Saturday that a centralized bed-allocation system for Covid-19 patients will be taken up to ensure that each patient gets a bed without overwhelming the healthcare infrastructure.

Yediyurappa has also instructed officials to increase the number of ambulances for Covid-19 patients to 250 apart from arranging separate vehicles to carry mortal remains of victims. The police control room will aid officials in identifying the location and easing the movement of ambulances.

Information about nodal officers working for COVID management will be published. Joint Commissioners of 8 regions will be given additional responsibilities and KAS officers will be appointed to assist them.

The services of 180 ESI doctors appointed by the Labour Department will also be relied on by the state government. CM Yediyurappa has also asked officials to reserve wedding halls, hostels and other institutions in Bengaluru as COVID Care Centres.

Bengaluru Urban DC, on the other hand, was instructed to identify more places for the last rites of patients and also to form more teams for this purpose. 

The BBMP Commissioner has been told to notify reservation of 50 per cent beds in medical colleges and private hospitals.

New Delhi, Mar 30: Congress MP Rajmohan Unnithan on Monday approached the Supreme Court seeking directions to open the Karnataka-Kerala border to allow movement of ambulances and other emergency vehicles for the transport of essential items to Kerala.

Unnithan, who is an MP From Kerala's Kasaragod constituency, filed a plea seeking direction to Karnataka to open the borders with Kerala and in particular Kasargod-Mangalore border at Talappadi.

The petition sought directions to Karnataka to allow the movement of ambulances, emergency vehicles, trucks and other vehicles carrying essential and non-essential items to Kerala. It also sought to stay the blockade imposed by Karnataka with its border states.

The plea also sought directions to Karnataka to register an FIR and constitute a special investigation team (SIT) under the supervision of this court to enquire against the concerned authorities including the police officials whose action led to the death of two citizens.

It said that the imposition of such a blockade at a time when the supply of commodities is itself hit hard and when a medical emergency has plagued the entire country is a clear violation of Articles 21 and 19(d) of the Constitution.

"This blockade has also resulted in cutting off the essential lifeline of National Highways and State Highways and major District Roads leading to the State of Kerala which has resulted in the shortage of supply of essential and non-essential items to the State of Kerala leading to shortage supply of food and medical supplies," the plea said.

"This ill-planned and dangerous blockade has claimed the life of a 70-year-old woman who was denied entry into Karnataka even for the purpose of urgent medical treatment which was only available in the medical hub of Mangalore. This is a clear case of violation of the right to life with dignity by the state as citizens are made to die on the roads because of the action of the state which is in total disregard to Article 21," it added.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus, which according to the Ministry of Health and Family Affairs has claimed the lives of 29 people and infected a total of 1071 people as on Monday morning.