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.

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A.Rahman
 - 
Friday, 22 May 2020

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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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coastaldigest.com news network
June 16,2020

New Delhi, Jun 16: The class 10 and 12 students of the CICSE board can choose not to appear for pending board exams and be marked as per their performance in pre-board exams or internal assessment, according to top officials.

The board had also submitted the proposal before the Bombay High Court on Monday in response to a petition filed by a parent seeking directions to the authorities to cancel exams in view of the spike in COVID-19 cases.

According to Gerry Arathoon, Chief Executive and Secretary, Council for the Indian School Certificate Examinations (CISCE), the students will have to communicate their option to their respective schools by June 22.

For latest updates on coronavirus outbreak, click here

The exams which were postponed due to the lockdown to contain the spread of coronavirus, are now scheduled to be conducted from July 1 to 14. However, several parents have been demanding the exams be scrapped.

"The students will be given two options---they either appear for the rescheduled exams or choose to have their results based on their performance in the pre-board exams or internal assessment. The option will be available only for the pending exams, the result of the subjects for which exams were already conducted, will be calculated as per performance in the exam only," Arathoon said.

The board also clarified that the students will not be entitled to make a subject-wise choice between the two options for pending exams.

Unlike the Central Board of Secondary Education (CBSE), which will only be conducting exams in 29 subjects crucial for promotion and admission to higher educational institutions, the CISCE will be conducting all pending exams.

The pending CBSE exams are scheduled from July 1 to 15. The schedule for the board exams has been decided in order to ensure that they are completed before competitive examinations. While the engineering entrance exam JEE-Mains is scheduled to be held from July 18 to 23, the medical entrance exam NEET is scheduled for July 26.

While the CBSE has given the option to not appear for pending board exams for differently-abled students, it has canceled the examinations for its around 250 schools situated abroad and has adopted the criteria of awarding marks on the basis of either practical exams conducted or the internal assessment marks.

Coronavirus India update: State-wise total number of confirmed cases, deaths on June 16

A group of parents has filed a petition in the Supreme Court seeking a direction to the CBSE to declare results on the basis of tests already conducted, and calculate the total on an average basis with internal assessment marks of the remaining subjects.

Universities and schools across the country have been shut since March 16, when the Centre announced a countrywide classroom shut down as part of measures to contain the COVID-19 outbreak. A nationwide lockdown was announced on March 24, which came into effect the next day.

While the government has eased several restrictions, schools and colleges continue to remain closed.

According to Home Ministry guidelines, there will be no exam centres in containment zones.

"Wearing of face masks by teachers, staff and students will be mandatory. There shall be provisions of thermal screening and sanitiser at the centres and social distancing rules will have to be followed at exam centres. Special buses may be arranged by states and UTs for transportation of students to exam centres," the Home Ministry has said.

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News Network
May 6,2020

May 6: Congress general secretary KC Venugopal on Tuesday termed as "inhumane" the government's decision to "impose excessive costs" on NRIs and expatriates for bringing them into the country from COVID-19-affected nations.

He demanded that the central government fly in the poor and vulnerable free of cost while charge the others with normal fares instead of high costs.

"The central government's decision to impose excessive costs on NRIs flying in special flights from the Covid-affected countries is an inhumane act," he said in a statement.

Venugopal said it was due to protests by a large number of expatriates and their relatives as well as the general public over the past few days that the central government took the decision to bring back Indian citizens from abroad.

"However, it is cruel that the Central government has taken advantage of this plight of expatriates by increasing the price of air fares up to three times. This is inhumane," Venugopal said in his statement.

He urged the Centre to take urgent steps to provide free travel to the most vulnerable, unemployed, sick and pregnant women and to others on normal fare.

Air India will operate 64 repatriation flights for a week from May 7 while the Navy deployed two ships as India rolled out a massive evacuation plan on Tuesday to bring back thousands of its nationals stranded abroad due to the coronavirus-triggered lockdown.

Those availing the repatriation flights will be charged, Civil Aviation Minister Hardeep Singh Puri told a virtual press conference in New Delhi. A passenger on a London-Delhi flight will be charged Rs 50,000 and on a Dhaka-Delhi flight Rs 12,000, he added.

From the Gulf countries to Malaysia and the UK to the US, the multi-agency operation christened 'Vande Bharat Mission' will see the state-owned airline operate the non-scheduled commercial flights till May 13 to ferry around 15,000 Indian nationals from 12 countries.

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News Network
March 22,2020

Mangaluru, Mar 22: A video being circulated in the social media purportedly of a man infected with COVID-19 at a hospital here is fake, its authorities said.

The video which shows a youth, dressed in pink trousers and wearing a mask, struggling to breathe on a blue hospital bed, had gone viral after which the Wenlock hospital issued a clarification.

The video started circulating after Dakshina Kannada Deputy Commissioner made public Sunday that a person has tested positive for coronavirus at the hospital.

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"A video of a patient convulsing on a hospital bed is being circulated on social media. This video is not of Wenlock hospital. Besides, we do not use blue beds," the hospital said in a statement, adding that they will file a complaint with the police regarding the video.

The first COVID-19 case in the district was confirmed at the hospital on Sunday.

The 22-year old man who came here from Dubai was tested positive and is under treatment in the isolation ward.

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