10 years after Mangaluru Air crash, SC awards Rs 7.64 cr comp to kin of one of the victims

News Network
May 21, 2020

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

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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News Network
January 17,2020

Bengaluru, Jan 17: Karnataka Health Minister and BJP leader B Sriramulu on Friday claimed that Congress supports Social Democratic Party of India (SDPI) and Popular Front of India (PFI) to disturb peace in the state.

His statement came after the arrest of 6 SDPI supporters in connection with an attack on a BJP-RSS follower during a pro-CAA rally held in December last year.

"The Congress party 100 per cent supports SDPI and PFI. Whenever they do not get the power, they try to disturb the peace with the support of SDPI and PFI. I will propose in Karnataka Assembly session to ban these organisations in Karnataka. We will discuss this matter," Sriramulu told ANI.

"We had already demanded for the ban on these organisations in Karnataka when I was an MP. Shobha Karandlaje, Yediyurappa and I had met Rajnath Singh, the then Home Minister in Delhi and we had given a memorandum to ban SDPI and PFI," he added.

A case has been registered against arrested SDPI supporters under relevant Sections of the Indian Penal Code (IPC). Bengaluru Police is constituting a new Special Investigation Team (SIT) to handle this case.

"There were 6 people belonging to SDPI, who were here to carry out attacks on leaders supporting CAA. These people were being paid Rs 10,000 from their handlers to create ruckus here. Now this will be handled by the Anti-Terror unit," said Bhaskar Rao, Bengaluru Commissioner of Police.

Earlier today, Karnataka Minister Jagadish Shettar called for a ban on SDPI.

"SDPI always denies their involvement but it has been proved now. I welcome the police's action. Their organisation should be banned as they have always been involved in anti-social activities and government of India should take very serious note of this," Shettar told ANI here.

Comments

sam
 - 
Sunday, 19 Jan 2020

and RSS/bajrang dall creating peace??

Abdul Gaffar Bolar
 - 
Saturday, 18 Jan 2020

What about Ballari Reddy? You reddys from Andra Pradesh making trouble in Karnataka.

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News Network
May 1,2020

Bengaluru, May 1: Karnataka government has assigned State Nodal Officers after the Ministry of Home Affairs (MHA) order regarding the inter-state movement of stranded migrant workers, tourists, pilgrims and students during the lockdown period.

The Nodal officers have also been appointed for coordination with 11 different states.

In an order issued on Thursday, Karnataka Government wrote, "To facilitate smooth and orderly movement of persons across State borders as per SOPs, the undersigned, in the exercise of powers conferred under the Disaster Management Act, 2005, and in the capacity as Chairman, State Executive Committee, hereby appoint the following officers as Nodal officers to coordinate with Nodal Officers of States/Union Territories (UTs) mentioned against their names."

Dr Rajkumar Khatri, IAS and Arun Jeji Chakravarthy, IPS will be overall in charge of the movement of stranded people from outside States/UTs to Karnataka.

N Manjunatha Prasad, IAS and P S Sandhu, IPS will be overall in charge of the movement of stranded people from Karnataka to other States/UTs.

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News Network
April 26,2020

Bengaluru, Apr 26: Two businessmen brothers, Tajammul Pasha and Muzammil Pasha, in Karnataka's Kolar district have set out to help people in need amid the lockdown over the COVID-19 pandemic by selling their land for Rs 25 lakh.

On seeing daily wage labourers and their families in Kolar suffer during the lockdown, the brothers said they decided to sell their land and use the money to buy essentials and food grain for a large number of poor people.

The brothers also bought oil and cereals with the money. Then they set up a tent next to their house and started a community kitchen to make food for labourers and homeless people.

"Our parents died early. When we shifted to our maternal grandmother's place at  Kolar, people from communities, Hindus, Sikhs, Muslims helped us survive without any religious bias," said Tajammul Pasha, visibly emotional.

The Pasha brothers are into banana cultivation and real estate. Tajammul was five and his sibling Muzammil was three when they lost their parents. They had to move from Chickbalapor to Kollar, where their grandmother lived.

"We were brought up in poverty. We survived because of the support of people of all communities and religions. We have signed the society agreement bond and handed it over to our friend who purchased our site and gave the money," the brothers said.

Once the lockdown ends and the land registrar's office opens, the remaining steps to transfer the land will be completed, they said.

So far the two brothers have supplied food grain, oil, sugar and other essentials to over 3,000 families. They have also given hand sanitizers and masks to the poor.

The Kolar administration has issued passes to their volunteers so that they can help in this difficult time.

The number of coronavirus cases in India has increased to 24,506, including 775 deaths, the Home Ministry said today, adding that 1,429 cases and 57 deaths were reported in the last 24 hours.

Amid a countrywide lockdown to check the spread of the highly contagious illness, which began on March 25, the government last night issued an order to allow neighbourhood shops to remain open with conditions; malls across India continue to remain shut.

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