Mother and son kidnapped in broad daylight in Kasaragod

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, Jan 8: The second instalment of flood relief funds from the Centre, announced on Monday, has left BS Yediyurappa less than cheerful, with the chief minister insisting that it is barely adequate. The CM on Tuesday said he will urge the Union government to release more.

On Monday, the Centre announced it will release Rs 669.8 crore in addition to the Rs 1,200 crore it had released earlier towards flood relief and rehabilitation. The total sum is a small fraction of the loss, which the government pegged at a staggering Rs 38,000 crore.

“The Centre has released assistance in two instalments so far, but it is inadequate given the magnitude of the damage. I will request for more funds and I am confident the Centre will oblige,” Yediyurappa told reporters.

When Prime Minister Narendra Modi had visited the state last week, Yediyurappa had urged him — even openly at a function — to release funds. This followed several pleas over the past four months, which barely drew a response from the Centre. Now, the CM himself suggests it’s barely a drop in the ocean.

The opposition has been criticizing both Yediyurappa and the Centre for their handling of the situation and on Tuesday, leader of the opposition Siddaramaiah of the Congress criticised the CM for “misguiding people” on the sum released by the Centre.

Siddaramaiah tweeted, “Reports from State govt officials say only Rs 669 cr of addl funds are released in 2nd instalment as opposed to the claim of Rs 1,870 cr by Karnataka BJP leaders. At a time when manufacturing industries are closing, BJP’s fake news factory is running at full potential ".

In another tweet, he said, “Moved by the plea of chief minister, Yediyurappa, Prime Minister Narendra Modi released an additional Rs 669.8 crore, taking the total amount to Rs 1,869.8 crore. BJP leaders, who are devotees of the god of lies, attempts to depict the total relief amount as 1200+1869.85 = Rs 3,069 cr is ridiculous.”

A high-level committee chaired by Union home minister Amit Shah had sanctioned the National Disaster Response Fund (NDRF) funds on Monday. While the Press Information Bureau claimed Rs 1,869 crore was approved on Monday, state government officials clarified that the figure included the Rs 1,200 crore released in October.

Meanwhile, sources say the two instalments is all the assistance the state can expect from the Centre towards flood relief. Sources say the Rs 1,870 crore is roughly 60% of the funding — Rs 3,000 cr— which was supposed to be allocated for Karnataka, based on an inter-ministerial team’s assessment of losses in the state.

“Compared to other states for the same period, Karnataka has received the highest amount in flood relief. We cannot expect more,” said a revenue department official, who said the government will not approach the Centre for a special package.

However, revenue minister R Ashoka said the state will pitch for the entire Rs 3,000 crore. “The state government will pursue the matter with the Centre until it releases the entire Rs 3,000 crore. The state government will cover the remainder of the Rs 38,000 crore loss. We will not go back on our word,” Ashoka said. Incidentally, the state has spent about Rs 6,000 crore on relief and rehabilitation so far.