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 .

 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 25,2020

Bengaluru, Mar 25: Former Karnataka Chief Minister Siddaramaiah on Wednesday targetted Centre over surge in coronavirus cases in the country, alleging that the government has miserably failed in tackling the unprecedented situation and was still not managing the crisis well.
"The government has miserably failed in tackling this very serious disease. They are not properly managing the crisis," senior Congress leader Siddaramaiah told ANI.
Siddaramaiah's response comes a day after Prime Minister Narendra Modi announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
In a televised address to the nation, Prime Minister Modi said that it is vital to break the chain of the disease and experts have said that at least 21 days are needed for it.
The Prime Minister said the lockdown has drawn a "Lakshman Rekha" in every home and people should stay indoors for their own protection and for that of their families.
Noting that the Centre has on Tuesday allocated Rs 15,000 crore for the treatment of coronavirus patients and to strengthen health infrastructure, he said testing facilities, personal protective equipment, isolation beds, ICU beds, ventilators and other necessary materials will be ramped up.
The Prime Minister said the country will have to bear the economic cost of lockdown but saving the life of every citizen is his priority and the priority of the Central and state governments as also of local administrations.
Noting that the virus spreads like fire, he said that if care is not taken for 21 days, the country, a family can go behind by 21 years.
According to the Indian Council of Medical Research (ICMR), India has reported about 536 individuals have been confirmed positive among suspected cases and contacts of known positive cases. A total of 22,694 samples from March 24 till 8 pm.
Ten people have died so far due to the deadly virus, according to the data by Union health ministry.

​​​​

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 19,2020

Belagavi, Apr 19: Veteran writer and Translator Chandrakanth Kusnoor passed away in his house on Sunday due to age-related disease.

He was 90.

He was survived by wife, four sons and one daughter.

According to family sources, the last rites were held in the wee hours of Sunday.

Mr Kushnoor, a multi-faceted personality, maybe the one of the few who had won the Karnataka Nataka Academy, Karnataka Lalitha Kala Academy and Karnataka Sahitya Academy awards for his works as writer, translator, novelist, poet, playwright, painter, art critic and institution builder.

He had translated many books from Kannada (late U R Ananthmurthy and Srikrishna Alanahalli) into Hindi, and other books into Marathi and Urdu.

He was among the pioneering abstract writers in Kannada. His plays like Dindi, Vidushaka, Ratto Ratto Rayara Magale and Ani Bantu Ondu Ani, were widely performed.

His biographical novel Gohar Jan chronicles the growth of professional theatre music tradition.

He had converted his home in Channamma Nagar into a mini art gallery and used to paint till recently. He hailed from Kalaburagi where he worked as a college professor for some years. He had settled in Belagavi after his retirement as the Deputy Director of Kannada and culture.

He had won the Karnataka Rajyotsava Award.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 1,2020

Kalaburagi, Jan 1: Fighting penury and partial blindness in one eye, a 39-year-old part-time Kannada lecturer from Kalaburagi district is set to become a commercial tax officer after cracking the Karnataka Administrative Services.

Ambadas Kamble, from Kotana Hipparaga village in Aland taluk, had to take a three-year gap during his school and college years - one-year break after completing Class VII and two years to clear subjects after he failed in II PU examinations. During those three years, he joined his brothers in masonry work to supplement the family's income.

Sweeping aside all hurdles with grit and determination, Ambadas studied Kannada literature for both undergraduate and postgraduate to land the post of a part-time lecturer in a Kalaburagi college. His father died when he was a child, and mother Chandamma supported her family of six - besides, Ambadas, she has two sons and two daughters - by working in houses in the neighbourhood.

Ambadas said he would like to dedicate his success to his mother, who died in the year 2012. "My mother encouraged me to chase my dream - financial difficulties notwithstanding - and allowed me to spend time in the library when my siblings were busy doing menial jobs to fund my education. I'm grateful to my brothers too," he said.

His two brothers are working as masons in Mumbai, having quit studies midway and deciding to support Ambadas - the first in the family to complete graduation. He did high school at Tadkal village in Aland taluk, and college in Kalaburagi.

The lecturer, who's 40% blind in the right eye, cracked the KAS examinations in his third attempt and stood 706th in the state. He has been selected for first-grade officer's post. Alongside, he's doing PhD in Kannada literature.

When his efforts finally paid off, Ambadas landed four job offers: Hostel warden at Morarji Desai hostel, at an SC/ST hostel, post of a lecturer and the tax officer's post. He picked the fourth to serve the state in right earnest.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.