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
July 6,2020

Bengaluru, Jul 6: Karnataka Chief Minister BS Yediyurappa on Monday said that the "country will have to learn to live with coronavirus as there are no options".

Yediyurappa made the remark after paying tribute to Babu Jagjivan Ram, on his death anniversary, at a ceremony in Vidhana Soudha.

"We don't have any other option, we have to learn to live with this virus. Even Prime Minister Narendra Modi has said the same thing. We have increased ambulances, we have made all arrangements to fight the pandemic. It is very important to safeguard ourselves," he said.

The Chief Minister added that the state government has made many arrangements to combat the widespread illness.

According to the Union Health Ministry, there is 23,474 number of COVID-19 cases in the state and 372 people have died due to the illness.

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coastaldigest.com news network
May 6,2020

Mangaluru, May 6: Amidst delay in repatriation of Kannadigas stuck in Gulf countries including UAE and Saudi Arabia, on behalf of the office bearers, the executive committee and members of the Bearys Chamber of Commerce & Industry, its president Mr S M Rasheed Haji and executive committee member U T Ifthikar Ali today (May 6) called on authorities concerned in Dakshina Kannada to persuade them to follow up with the State and Central level authorities.  

The duo met Nalin Kumar Kateel, Dakshina Kannada MP, who immediately contacted Pralhad Joshi, Minister of Parliamentary Affairs, over phone and urged him to take up the issue with the external affairs ministry. Mr Joshi told Mr Kateel that efforts are still underway to bring back Kannadigas stranded in Gulf countries. However flights schedules are yet to be finalised.

The duo then met Kota Srinivas Poojary, district in-charge minister, who said that the government is prepared to handle the repatriation flights and passengers. 

The duo also met IAS officer Rahul Shinde, who is in-charge of affairs related to international passengers coming to Dakshina Kannada amid covid-19 crisis. Meanwhile, Zakariya Jokatte, president of Jubail unit of BCCI, spoke to Mr Shindhe over phone.

The official explained that the govt has made elaborate arrangements to conduct medical test of passengers on arrival at the Mangaluru International Airport. 

The passengers will be categorised into A, B and C groups depending on their symptoms and co-morbid conditions. The category A passengers (symptomatic passengers) will be sent to isolation hospitals which may be Covid care centres. Category B passengers (asymptomatic but suffering from co-morbid conditions) will be quarantined at hotels, hostels, guest houses etc. Category C passengers (asymptomatic and healthy) will be home quarantined.

The minister and official also sought BCCI’s cooperation in handling the situation. 

Quarantine accommodation facility 

Yenepoya group has already offered two of their hotels as quarantine accommodation and promised to offer one more.  Entrepreneur U Kanachur Monu and many others too have offered their hotels as quarantine accommodation in Mangaluru. 

District administration has asked Treebo, a hotel aggregator to list such willing facilities on their website.

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coastaldigest.com news network
May 6,2020

Mangaluru, May 6: Amidst preparation for the paid evacuation of Indians stuck in Gulf countries amidst coronavirus lockdown, the central government has announced that it would only do a medical screening of the passengers before the flight and only asymptomatic persons would be allowed to travel.

Each passenger will have to fill a self-reporting form to be presented at the health and immigration counter at their destination.

The passengers are required to state whether they are suffering from fever, cough, diabetes or any respiratory disease. This form is similar to the one filled by passengers landing in India during the early days of the COVID-19 outbreak.

As per the announcement by the government, returnees would undergo COVID-19 once they complete 14-day quarantine in a hospital or government –arranged institution on a payment basis.

However, the form asks the applicants to keep themselves isolated at home for 28 days unless they develop any symptoms such as fever and cough.

During the journey, they will have to follow the protocols such as those issued by the Health Ministry and the Civil Aviation Ministry. Applicants from the UAE are yet to receive instructions on these.

On reaching the destination, passengers will have to register on the Arogya Setu app, India’s mobile application for COVID-19 surveillance.

No physical distancing!

Air India Express (AIE) which is set to operate the first two flights to Kerala on Thursday will operate its Boeing 737-800 flights, with a seating capacity of 186 economy class seats.

With nine seats reserved for isolation, only 177 passengers would be flown, sources said.

While most of the UAE flights in the first week will be operated by the AIE, Air India will operate two of its Dreamliner aircraft with a seating capacity of 256 seats. These flights would also reserve some seats for isolation.

However, the plan has made it clear that the Indian government will not be following the rules of physical distancing to prevent the spread of coronavirus in the repatriation flights.

Several people, including the Chief Minister of Kerala Pinarayi Vijayan, expressed concern over flying passengers, who will not be tested for COVID-19, without observing physical distancing.

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